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Headquarters, Department of the Army Headquarters, Department of the Army Department of the Army Pamphlet 27-50-416 January 2008 Contract and Fiscal Law Developments of 2007—The Year in Review Major Marci A. Lawson, USAF (Editor), Lieutenant Colonel Ralph J. Tremaglio, III, Chair, Lieutenant Colonel Michael L. Norris, Vice-Chair, Colonel John Siemietkowski, Major Jose A. Cora, Major Mark A. Ries, Major Michael Wong, Major Jennifer C. Connelly, Major Peter D. DiPaola, Major Brett Egusa Ms. Margaret K. Patterson Contents Foreword Contract Formation (Authority; Competition; Contract Types; Sealed Bidding; Negotiated Acquisitions; Socio-Economic Policies; Required Sources; Bid Protests) Contract Administration (Contract Interpretation; Contract Changes; Contract Disputes Act (CDA) Litigation; Terminations for Default; Terminations for Convenience; Government Property; Non- Appropriated Fund Contracting) Special Topics (Competitive Sourcing; Construction Contracting; Foreign Military Sales; Payment and Collection; Procurement Fraud; Taxation; Contingency Contractor Personnel) Fiscal Law (Time; Antideficiency Act; Obligations) Appendix A: Department of Defense Legislation for Fiscal Year 2008 Appendix B: Government Contract and Fiscal Law Websites & Electronic Newsletters CLE News Current Materials of Interest Editor, Captain Alison M. Tulud Assistant Editor, Captain Ann B. Ching Technical Editor, Charles J. Strong The Army Lawyer (ISSN 0364-1287, USPS 490-330) is published monthly Lawyer welcomes articles from all military and civilian authors on topics of by The Judge Advocate General’s Legal Center and School, Charlottesville, interest to military lawyers. Articles should be submitted via electronic Virginia, for the official use of Army lawyers in the performance of their mail to [email protected]. Articles should follow The legal responsibilities. Individual paid subscriptions to The Army Lawyer are Bluebook, A Uniform System of Citation (18th ed. 2005) and the Military available for $45.00 each ($63.00 foreign) per year, periodical postage paid at Citation Guide (TJAGLCS, 12th ed. 2007). No compensation can be paid Charlottesville, Virginia, and additional mailing offices (see subscription form for articles. on the inside back cover). POSTMASTER: Send any address changes to The Judge Advocate General’s Legal Center and School, 600 Massie Road, The Army Lawyer articles are indexed in the Index to Legal Periodicals, ATTN: ALCS-ADA-P, Charlottesville, Virginia 22903-1781. The opinions the Current Law Index, the Legal Resources Index, and the Index to U.S. expressed by the authors in the articles do not necessarily reflect the view of Government Periodicals. The Army Lawyer is also available in the Judge The Judge Advocate General or the Department of the Army. Masculine or Advocate General’s Corps electronic reference library and can be accessed feminine pronouns appearing in this pamphlet refer to both genders unless the on the World Wide Web by registered users at context indicates another use. http://www.jagcnet.army.mil/ArmyLawyer. The Editor and Assistant Editor thank the Adjunct Editors for their Address changes for official channels distribution: Provide changes to invaluable assistance. The Board of Adjunct Editors consists of highly the Editor, The Army Lawyer, The Judge Advocate General’s Legal Center qualified Reserve officers selected for their demonstrated academic and School, 600 Massie Road, ATTN: ALCS-ADA-P, Charlottesville, excellence and legal research and writing skills. Prospective candidates Virginia 22903-1781, telephone 1-800-552-3978 (press 1 and extension may send Microsoft Word versions of their resumes, detailing relevant 3396) or electronic mail to [email protected]. experience, to the Technical Editor at [email protected] Issues may be cited as ARMY LAW., [date], at [first page of article], The Editorial Board of the Military Law Review includes the Chair, [pincite]. Administrative and Civil Law Department; and the Director, Professional Writing Program. The Editorial Board evaluates all material submitted for publication, the decisions of which are subject to final approval by the Dean, The Judge Advocate General’s School, U.S. Army. The Army CONTRACT AND FISCAL LAW DEVELOPMENTS OF 2007—THE YEAR IN REVIEW Major Marci A. Lawson, USAF (Editor) Lieutenant Colonel Ralph J. Tremaglio, III, Chair Lieutenant Colonel Michael L. Norris, Vice-Chair Colonel John Siemietkowski Major Jose A. Cora Major Mark A. Ries Major Michael Wong Major Jennifer C. Connelly Major Peter D. DiPaola Major Brett Egusa Ms. Margaret K. Patterson TABLE OF CONTENTS Table of Contents.......................................................................................................................................................... 1 Foreword....................................................................................................................................................................... 2 Contract Formation....................................................................................................................................................... 4 Authority.................................................................................................................................................................. 4 Competition ............................................................................................................................................................. 9 Contract Types....................................................................................................................................................... 15 Sealed Bidding....................................................................................................................................................... 17 Negotiated Acquisitions......................................................................................................................................... 19 Socio-Economic Policies ....................................................................................................................................... 24 Required Sources ................................................................................................................................................... 29 Bid Protests............................................................................................................................................................ 30 Contract Administration ............................................................................................................................................. 38 Contract Interpretation ........................................................................................................................................... 38 Contract Changes................................................................................................................................................... 41 Contract Disputes Act (CDA) Litigation ............................................................................................................... 46 Terminations for Default........................................................................................................................................ 55 Terminations for Convenience............................................................................................................................... 60 Government Property............................................................................................................................................. 63 Non-Appropriated Fund Contracting ..................................................................................................................... 68 Special Topics............................................................................................................................................................. 71 Competitive Sourcing ............................................................................................................................................ 71 Construction Contracting ....................................................................................................................................... 78 Foreign Military Sales............................................................................................................................................ 82 Payment and Collection ......................................................................................................................................... 83 Procurement Fraud................................................................................................................................................. 86 Taxation ................................................................................................................................................................. 94 Contingency Contractor Personnel ........................................................................................................................ 96 Fiscal Law................................................................................................................................................................. 101 Time..................................................................................................................................................................... 101 Antideficiency Act..............................................................................................................................................
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