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Because the FAR is the law, and government contractors are presumed to be familiar with the FAR, a mandatory clause that expresses a significant or deeply ingrained strand of public procurement policy will be incorporated into a Government contract by operation of law, even if the parties intentionally omitted it. [1] [2]
Data requirements can also be identified in the contract via special contract clauses (e.g., DFARS), which define special data provisions such as rights in data, warranty, etc. SOW guidance of MIL-HDBK-245D describes the desired relationship: "Work requirements should be specified in the SOW, and all data requirements for delivery, format, and ...
IDIQ contracts are frequently awarded by various U.S. government agencies, including the General Services Administration (GSA) [6] and Department of Defense. [7] They can be in the form of multi-agency contracts under the Government-Wide Acquisition Contracts (GWAC) system, or they may be government agency-specific contracts. [8]
If the FAR requires that a clause be included in a government contract, but that clause is omitted, case law may provide that the missing clause is deemed to be included. This is known as the Christian Doctrine , which is based on the underlying principle that certain government regulations have the force and effect of law, [ 3 ] and government ...
The clause simply refers to another clause, the contract dispute clause. That clause invokes the Contract Disputes Act (CDA) and specific procedures that must be followed. The Government seeks to avoid treating requests for additional money or changes to the contract as a claim, for several reasons.
For example, even within the U.S. Department of Defense, System Requirements Review cases include, for example, (1) a 5-day perusal of each individual requirement, or (2) a 2-day discussion of development plan documents allowed only after the system requirements have been approved and the development documents reviewed with formal action items ...
A GWAC is an acquisition tool that facilitates and streamlines the purchasing of IT solutions by United States federal government departments and agencies, while ensuring that the many government-mandated rules are followed. [1] These rules are complex, deriving from laws and regulations that guide the purchasing processes of each agency.
Contract law regulates the obligations established by agreement, whether express or implied, between private parties in the United States. The law of contracts varies from state to state; there is nationwide federal contract law in certain areas, such as contracts entered into pursuant to Federal Reclamation Law.