government contracting work
• Essay Question #1:
You recently retired from government contracting work and established a consulting company (fully consistent with government ethics laws and rules, of course) with the primary focus of advising potential government contractors and subcontractors. Mr. Johnny Jones, of The Johnny Jones Flooring and Construction Company has approached you with a question. Jones and his company are potential subcontractors (they, obviously, specialize in flooring) on a federal construction contract worth a little over two million dollars ($ 2,000,000.00) recently awarded to the Jimmy Smith Construction Company (Jimmy Smith, the prime contractor). Neither Johnny nor his company has ever been part of a government contract before. He wants to know the ramifications associated with being a subcontractor on such a contract. His specific concerns are with protecting his ability to directly protest issues and concerns through the various courts and agencies able to handle such protests. He is specifically concerned that he may be left with only the option of suing Jimmy Smith if anything goes wrong on the contract. He would also like to have some assurance that he will get paid if the prime contractor becomes insolvent. You have agreed to steer Johnny in the right direction. What do you tell him? Include the rationale for your advice.
• Essay Question #2:
ITI Inc. was put under contract by the United States Air Force to develop a new command and control (C2) system for a new weapon system. Much of the contract statement of work (SOW) called for a significant amount of noncommercial software to be developed by ITI Inc. during the contract period of performance. At the end of the contract, does ITI Inc. own the intellectual property rights in the form of federal copyrights to the software it developed? Does ITI Inc. need to ask permission from the Air Force to use the software for foreign commercial opportunities it also desires to pursue? Be sure to identify and discuss any relevant regulations.
• Essay Question #3:
Ronald J. Sparrow heard of your success in dealing with your first two clients and has decided to hire you as well. He tells you that he recently signed a contract with the Department of the Interior to scoop up buffalo waste from six national parks in the western United States. He tells you he bid low because he thought he could pick up some cheap labor and haul the workers to the various parks in time to complete the work (which was supposed to be done within six months). Five months have passed and the Contracting Officer for the Department of the Interior just called him yesterday to tell him they are considering terminating the contract for default since he has only completed work in two of the six parks. He wants to know what a termination for default is and how it differs from a termination for convenience. He asks, if he is to default, which you would recommend his termination be characterized as (“for default” or “for convenience”). Finally, he asks what, if anything, he can do to salvage the situation without losing the contract. What do you tell him? Why?
• Essay Question #4:
Your new consulting business is really taking off. Your fourth client of the day, Wayne Reliford, of Reliford food services, has just stopped in. Wayne tells you that he thinks the recent award of a food service contract on Camp Apache, a nearby Marine Base, to another company and competitor of Reilford food services, was improperly managed by the Government. Performance on the contract has not begun. Wayne thinks the Government failed to properly apply its own source selection evaluation criteria in evaluating the proposals. He also believes, based on his twenty five (25) years in the industry that he must have been the actual low bidder . He wants to know whether he can file a dispute, a protest or both. He also wants to know how to file whatever you advise him to file, where it will be heard, and what the procedures are. What do you tell him and why?
• Essay Question #5:
Lieutenant Commander Ace Ventura, a reserve officer, has been recalled to active duty with the Navy with duty at Dolphin Island Naval Base. His duty while in uniform is to assist the Navy in selling outdated submarines to foreign countries that, unlike the United States, might actually find a future use for them. As a result of his Navy job he travels all over Europe, including Norway, Sweden, and Finland. Each of those countries is interested in purchasing the old subs and each is impressed with Ace. Ace also has an interest in getting a good job with one of the “big bucks” defense contractors he keeps running into in his Navy job. He has heard of your successful resolution of the previous four issues presented and he comes to you for advice. He is especially interested, he tells you, in working for World Domination (WD) a defense contractor with considerable expertise and interest in selling outdated U.S. submarines to northern European and Scandinavian countries. He tells you he read on the internet that WD has several immediate openings in the area he is interested in and that they are primarily interested in people with language skills in Norwegian, Swedish, and Finnish. He’s enrolled, on his own, in a Swedish course at a local Junior College and purchased self-help books in Norwegian and Finnish. He is set to represent the Navy in Stockholm next week and knows the President and CEO of WD will be in attendance. He wants to ask for a job. What advice do you give him?