The obvious downfall of working under government contracts

Cost-plus-award-fee contracts, and Cost-plus-fixed-fee contracts. This article will focus on managing the contract from a cost-control perspective and the information provided will be equally applicable to any cost-type contract. What is a Cost? In fact, some contractors may look at the dictionary definition of cost—i.

The obvious downfall of working under government contracts

June 22, The two decisions cited by Don are not particularly good ones. The issue is "scope of the competition," a variation of "scope of the contract. The question is whether the additional quantities were contemplated by the competition for the original contract.

If they were, as when a solicitation provides for priced options for additional quantities, then the additional quantities are within the scope of the competition, and their purchase would not constitute a?

If they were not, then the purchase is a new procurement and is subject to the requirement for competition. Although the GAO used the term?

Jun 23,  · In Administration of Government Contracts, 4th, the authors discuss the concept of scope of the competition in pages ? , under the heading?Third-Party Protests.? They say,?Major changes in the quantity of the work have been held to be outside the scope of the competition.? The Federal Government uses the same template for contracts and cooperative agreements. The template will say “Contract No.” regardless of the type of award mechanism. Prime sponsors may call a third party agreement a “Subcontract” even if the prime source is a grant. It can easily cause the Contractor to misunderstand what the Contractor's employees can/can't do/be paid under the Government contract. The contracting officer should be consulted and perhaps the contract made to reflect what specific travel and transportation rules are to be followed - recognizing that the use of the JTR is NOT appropriate.

Neither decision cited in that passage, 61 Comp. That is a classic example of a non sequitur. It is true that inceases in the quantity of items to be delivered is not among the enumerated things a CO may change unilaterally pursuant to the Changes clause under a supply contract, but it does not follow that an increase in quantity is outside the scope of the contract.

There are many changes that parties can make to a contract that are not covered by the Changes clause and that would not be outside the scope of the contract and require a new procurement, e. So Mil-Tech does not explain why an increase in quantity is outside the scope.

In determining whether a modification is beyond the scope of the contract, we look to whether the contract as modified is materially different from the contract for which the competition was held.

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We also consider whether the solicitation for the original contract adequately advised offerors of the potential for the type of changes during the course of the contract that in fact occurred.

An argument based on that principle might go like this: A change is outside the scope of the competition and is a new procurement subject to competition requirements if the competitors were not advised of the potential for that type of change.

The competitors were not advised of the potential for the purchase of additional quantities. Therefore, the purchase of additional quantities would be outside the scope of the competition and would be subject to competition requirements.

In Administration of Government Contracts, 4th, the authors discuss the concept of scope of the competition in pages ? Major changes in the quantity of the work have been held to be outside the scope of the competition.?

The obvious downfall of working under government contracts

This suggests that minor changes in quantity might not be outside the scope.In such cases, the FAR Council represents that the Government loses the full benefits of competition for its service contracts because some contractors decline to compete for Government work due to specific government requirements.

The Federal Government uses the same template for contracts and cooperative agreements. The template will say “Contract No.” regardless of the type of award mechanism.

The obvious downfall of working under government contracts

Prime sponsors may call a third party agreement a “Subcontract” even if the prime source is a grant. Almost since government contracting began, there has been a special process followed for disputes arising under a government contract between the Government and the contractor. Until , this process was governed solely by a "Disputes" clause found in almost all government contracts.

Watson & Associates, LLC is a law firm that also practices only Federal Government Contract Law in Washington DC. No Legal Advice Intended: This website is for informational purposes about legal issues and legal developments only and may not reflect the most current legal developments.

Jun 23,  · In Administration of Government Contracts, 4th, the authors discuss the concept of scope of the competition in pages ?

, under the heading?Third-Party Protests.? They say,?Major changes in the quantity of the work have been held to be outside the scope of the competition.? Under the FAR, when a contractor asserts copyright in a work first produced in the performance of a contract with a civilian agency or NASA, the contractor must place a copyright notice acknowledging the government sponsorship (including contract number) on the work when it is delivered to the Government, as well as when it is published or.

Government Contracting Terms & Definitions