Key Case Law Rules for Government Contract Formation

Go Beyond the FAR! The guidance contained in the almost 2000 pages of the Federal Acquisition Regulation and the various agency supplements are just a part of the resources government acquisition professionals need to do their jobs effectively. Accessing and understanding case law is equally important to a thorough understanding of government contracting. Legal decisions explain the Government Accountability Office’s and the courts’ views on how procurement statutes and regulations apply in a wide range of situations. Case law also gives potential bid protesters and agencies a way to gauge the likely outcome of a protest. Until now, it has been difficult to find and understand the legal decisions that could be relevant to a particular situation. Key Case Law Rules for Government Contract Formation changes that by organizing and explaining the most important protest grounds in a readily accessible and comprehensible way. With an emphasis on more recent cases, the book is organized around the key protest grounds, such as pricing issues, allegations that the government wrongfully prevented competition, or improper sealed-bidding procedures. Bridging the gap of understanding between the legal and the contracting communities, this book is a much-needed addition to the essential resources for acquisition professionals.

Patrick Butler is Chief of the Contract and Fiscal Law Division within the Office of the Chief Counsel for the National Guard Bureau in Arlington, Virginia. He is an Army Judge Advocate currently in the rank of Lieutenant Colonel (LTC). He has practiced government contract law for most of his military career, including serving as a contract law attorney in the Office of the Judge Advocate for U.S. Army Europe and a contract litigation attorney at the U.S. Army Litigation Division.