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The contract clause that is normally in a commercial software contract acquisition is the FAR 52.212-4, Commercial Items, clause. This clause mirrors the above intent which states that the Government will have rights provided to the normal consumer in that particular market, which in reality are defined by a separate software license.
The clause for fixed-price contracts specifies that changes may be made to the specifications (including drawings and designs), the method or manner of performance, government-furnished facilities, equipment, materials, services, or site, or acceleration of the work.
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.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
As per the memorandum issued by the Department of Defense (DoD), UID-marking is a must for all solicitations issued on or after Jan. 1, 2005. Also the US Department of Defense has made it mandatory for all federal contractors to have UID-marking on their government furnished military and non-military equipment by September 30, 2007.
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]
In 1922, the Supreme Court held in Pennsylvania Coal Co. v. Mahon that governmental regulations that went "too far" were a taking. Justice Oliver Wendell Holmes, writing for the majority of the court, stated that "[t]he general rule at least is that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking."
Federal lands are lands in the United States owned and managed by the federal government. [1] Pursuant to the Property Clause of the United States Constitution (Article 4, section 3, clause 2), Congress has the power to retain, buy, sell, and regulate federal lands, such as by limiting cattle grazing on them.