Government Procurement in Times of Fiscal Uncertainty

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By Kate M. Manuel (au)
Year: 2012
Pages: 34
Binding Paperback
ISBN 978-1-4578-3122-5

Product Code: 1457831228

Description

When confronted with actual or potential funding gaps, funding shortfalls, or budget cuts, the federal government has a number of options as to prospective and existing procurement contracts. Many of these options arise from contract law and, in particular, certain standard clauses included in federal procurement contracts. Among other things, these clauses allow the government to (1) unilaterally change certain terms of the contract, such as the specifications or the method and manner of performing the work; (2) delay, suspend, or äóìstop workäó on the contract; and (3) terminate the contract for the governmentäó»s convenience. However, courts have also found that the government has certain rights because it is the government, regardless of whether the contract provides for these rights. Such rights are commonly described as äóìinherent rights,äó and include the right to terminate the contract for convenience and, according to one tribunal, the right to suspend work. The governmentäó»s rights are broadest where prospective contracts are concerned. Prospective contractors generally do not have a right to a government contract, and the government, like private persons, is generally free to determine whether to enter a contract to procure goods or services. Contents of this report: Introduction; General Principles; Prospective Obligations; Existing Obligations under Contract; Concluding Observations. Tables. This is a print on demand report.

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