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In government contracting, a Contract Adjustment Board is a department board at the Secretariat level in the U.S. Government that deals with disputes and requests for extraordinary relief under Public Law 85-804 [1] of Aug. 28, 1958.
An equitable adjustment, in government contracting, is a contract adjustment pursuant to a changes clause, to compensate the contractor expense incurred due to actions of the Government or to compensate the Government for contract reductions. An equitable adjustment includes an allowance for profit; clauses that provide for adjustments ...
Private parties entering into a contract with one another (i.e., commercial contracts) have more freedom to establish a broad range of contract terms by mutual consent compared to a private party entering into a contract with the Federal Government. Each private party represents its own interests and can obligate itself in any lawful manner.
The limitation of the government's right to make changes to those changes deemed to be "within the general scope of the contract" was for many years of great procedural significance in government contract litigation because, prior to the Contract Disputes Act of 1978, a claim arising from such a change could not be brought to the various boards ...
A second technical data rights scenario occurs when items/technical data is acquired using mixed funding – the Government gets Government purpose rights which allow the Government to go with another vendor provided a non disclosure agreement is signed with that other vendor and any tech data/drawings produced under that other contract are ...
The Tucker Act granted jurisdiction to the Court of Claims over government contract money claims both for breach, and for relief under the contracts in the form of equitable adjustment. Claims against the government for breach of contract do not compromise the government's sovereign immunity, so the government cannot be held liable for failure ...
The Contract Disputes Act of 1978 ("CDA", Pub. L. 95–563, 92 Stat. 2383), which became effective on March 1, 1979, establishes the procedures for handling "claims" relating to United States Federal Government contracts. It is codified, as amended, at 41 U.S.C. §§ 7101–7109.
G.L. Christian and Associates attempted to assign the entire contract to Zachry and Centex, two "highly competent construction companies with extensive experience in large scale-enterprises" but the Department of the Army took the position that a housing contract under the Capehart Act could not be assigned to another company. At a later ...