GOVCONLAW General Library

During performance of a government contract, changes may be required.  A contract change is any addition, subtraction, or modification of the work required under a government contract. Categories Administrative. These unilateral changes are made in writing by the contracting officer, and do not affect the substantive rights of the parties. FAR 43.101. These include:...

The Christian Doctrine comes into play when the FAR requires a certain clause be included in a government contract but the government fails to include it. Depending on the nature and substance of the government contract in question, the FAR requires that certain FAR contract clauses be included in the contract (most of which...

Payment and other protections for subcontractors on federal contracts are of perennial interest to Members and committees of Congress, in part, because many subcontractors are small businesses, and it is the “declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small business...

Congress enacted the Equal Access To Justice Act (“EAJA” or the “Act”) temporarily in 1980 before reauthorizing the statute permanently in 1985. Motivated in part by a desire to deter government overreach and wrongdoing, the Act significantly departed from the default American rule—that each party pays its own litigation costs, regardless of the outcome...

The Government usually has two options for terminating contracts: a termination for default (T4D) and a termination for convenience (T4C). Generally, the Government may terminate for default if the contractor fails to perform under the contract, but the FAR contains various default clauses that can be incorporated into a contract, each identifying different conditions...

In 1984 Congress passed the Competition in Contracting Act (CICA) to increase competition in government contracting and to impose more stringent restrictions on the award of noncompetitive–sole-source–contracts. While the Senate originally proposed a marketplace standard of “effective competition” (whereby two or more contractors acting independent of each other, and the Government, submit bids or...