Legal Aspects of Public Procurement (Cornerstones of Public Procurement) by Flynn, Michael -- Read -- Imperial Library of Trantor

Index

Half Title Series Title Copyright Contents Preface Acknowledgments 1 The Essential Principles and Structure of the United States Legal System

The Foundation: Sources and Types of Law History of Statutory Law Affecting Public Procurement Statutory Law Affecting Market Competition Statutory Law Governing Public Records Statutory Law Governing Intellectual Property Rights An Overview of the United States Judicial Structure Legal Research Conclusion

2 The Fundamentals of Procurement Law and Procurement Authority

Public Contracting Other Law Applicable to Public Procurement The Government’s Authority to Contract The Law of Agency Types of Authority Liability of a Principal The Impact of State Statutory Laws Public Works and Architect-Engineer Selection Key Components of the ABA Model Procurement Code Cooperative Procurement Other Impacts of Statutory and Administrative Laws Reform of Public Procurement Laws, Administrative Law, and Enabling Legislation Conclusion

3 The Basic Components of a Common Law Contract

What Is a Contract? When Does a Contract Exist? Elements of a Contract Assignment and Novation Conditions That May Lead to a Voidable Contract Rules for Interpreting Contracts Parameters for Written Contracts Differentiating Between Private and Public Contracts Common Law Breaches and Remedies Conclusion

4 The Uniform Commercial Code

Scope of Article 2 of the U.C.C. The U.C.C. Contract and Its Formation The U.C.C. and Warranties Performance of an Article 2 U.C.C. Contract Remedies for Breach of an Article 2 Contract Special Remedies for Buyer and Seller Breach of Contract Conclusion

5 The Legal Context for Formal Solicitations

An Overview of the Formal Solicitation Process Drafting the Contract Organization of a Basic Contract Drafting Terms and Conditions Formalities in Invitations for Bids Contractor Responsibility Protests Against Solicitation or Award Suspension and Debarment Conclusion

6 Legal Issues in Competitive Sealed Proposals

An Overview of Differences Between RFP and IFB Processes Pre-Solicitation Planning Issues Cost and Price Analysis The Proposal and the Contract Responsiveness of Proposals Competitive Range, Discussions, and Proposal Revisions Evaluation Debriefing Post-Award Formalization of Contracts Conclusion

7 The Legal Context of Contract Administration

The Order of Precedence Clause Dealing With Changes During Contract Performance Cost or Price Analysis in Contract Modifications Matters of Time Matters of Scope Inspection, Acceptance, and Warranties Third-Party Beneficiaries and Subcontractors Contract Terminations Waiver of Contract Requirements Liability Allocation Provisions Contract Controversies Conclusion

8 Legal Considerations in Information Technology Procurement

Key Issues When Purchasing Software Procurement of Information Technology in the “Cloud” Other Legal Issues in IT Professional Services Contracts Modular Procurement and Agile Project Delivery Conclusion

9 Ethics and Professionalism in Public Procurement

Ethics and Professionalism Laws Versus the Codes of Ethics Procurement as a Profession Ethics in Public Procurement Nuances of Ethical Integrity Attorney Ethics and Professionalism Conclusion

10 Relevant Procurement Case Law

Cases Involving Acceptance and Rejection of Goods Cases About Contract Formation and Award Cases About Contract Administration Applying the U.C.C. to Hypothetical Controversies

Appendix A: NIGP Code of Ethics Appendix B: UPPCC Code of Ethics Appendix C: Organizational Conflicts of Interest—Consultants Index