Federal Acquisition Regulation and Contract Provisions

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Importance of Standard Default Clause

As a contracting officer, one is tasked with the great responsibility of ensuring everything flows smoothly in an organization. The post is accompanied by the necessity of careful handling of contracts through careful examination of the conditions and statements specified in the project contract. The successful completion of the contract depends on how the contracting officer performs their role with the primary objective to achieve great results. Therefore, it is essential to understand the need for the default contracts clause clearly. The standard default clause is vital for it serves as the only alternative available for stopping the termination of various contracts (Madura, 2020). Moreover, the contracting officer is required to take into consideration how contracts need to be handled. It is also essential to understand how one can get the best out of the contract.

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The termination of contracts can occur through instances such as delay in the contract process, failure of the work, and failures that result from other provisions. The standard default clause is also significant considering that the contracting officer takes the contract with the sole aim of earning money, which is a person’s primary need (Madura, 2020). Further, the default clause clearly states that the workers’ payment should be made based on the type of work and results provided at the end of the contract. The Clause makes a necessary point for task completion upon achieving efficiency and equality. The necessity of the standard default clause is determined by certain vital factors. The termination of contracts results in negative implications for both workers and the contractor. For instance, both the contractor and workers will not be willing to cut down on their payments. Therefore, the standard default clause provides clear guidelines that should be followed.

Changing Contract Terms and Conditions

The government provides various terms and conditions to contractors before providing them with contracts. The conditions are usually predetermined, and they have been decided over again with the project contractor. The contractor must check the terms and conditions before taking the contract to have work that is free of conflicts. It helps in setting the basis for conditions concerning the work taken by the contractor. Therefore, it is difficult for the contracts officer to change the conditions once the task has commenced. To perform the changes, the contracting officer is supposed to provide formulated and valid statements that explain the need for changes that should be made to the existing contract (Brown, Potoski & Van Slyke, 2018). The task is difficult, but it is a worthy undertaking. Therefore, the request for a change of the contract terms and conditions needs to have valid reasons that are clear and make sense. Senseless changes are likely to lead to contract terminations and a cut down on payments. The effect is the emergence of inner conflicts between the contracting officer and the government.

Improvement in Procedures of Inspections

The other critical step that will aid the protection of both parties to the contract is improved inspection processes. FAR’s review “52.246-1” states that inspection should be carried out by the contractor (Brown, Potoski & Van Slyke, 2018). Therefore, it is crucial to consider the need to improve the reviews by assigning particular government officials and contractors to perform the inspection. Sometimes, assigning inspection to the contractor is likely to be a point of corruption. Involving officials from the government will ensure that bribery issues do not take place, therefore, leading to proper checks on the contract performance. It is also essential that time-to-time reports be provided to the official to aid proper and step-to-step contract evaluation for better results.

Supporting Sources

Government’s Intellectual Property Right Policy

The policy concerns how marketable financial assets, promoting innovation, and free enterprise through a shielded public interest. The policy is usually reviewed every five upon discussion with the stakeholders. The intellectual property rights policy is also essential to the government in deciding the support related to finance on the limited time for sales, export, and import of goods. The decisions depend on the IPRs from the research funded by the public. On termination for convenience, the clauses provided in the termination for convenience on the contracts set up by the government provide the government with the authority to terminate contracts at any given time without the need of giving reasons (Dongare, 2019). It also states that the contractor makes the scenario payments for the work up to the last stage.

Termination for Default

The standards for default termination provide that the customer has enough authority to perform contract termination. Termination is possible in the circumstances like failure to complete the task according to the contract agreement or Clause. In this scenario, the contractor is not required to get payments; instead, he/she should provide repayments to the customer for any damages caused (Evans & Reynolds, 2018). The other payments that the contractor may be made to make include duties and liabilities and costs incurred by the consumer in fulfilling the contract under a new contract’s supervision. Contract law, law outlines how the customer and the contractor must rely on the agreed terms and conditions of the contract. The law states that breaking the contract conditions is considered a contract violation and the contract of law (Brockman, 2017).

References

Brockman, R. H. (2017). IV. Commercial Contract Law in Late Nineteenth-Century Taiwan. In Essays on China’s Legal Tradition (pp. 76-136). Princeton University Press. Web.

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Brown, T. L., Potoski, M., & Van Slyke, D. M. (2018). Complex contracting: Management challenges and solutions. Public Administration Review, 78(5), 739-747. Web.

Dongare, J. U. (2019). The Legality of Termination for Convenience Clauses. Ct. Uncourt, 6, 41.

Evans, J. D., & Reynolds, B. (2018). Issues Arising on Termination of a Construction Contract. Const. L. Int’l, 13, 46.

Huang, K. G. L., Geng, X., & Wang, H. (2017). Institutional regime shift in intellectual property rights and innovation strategies of firms in China. Organization Science, 28(2), 355-377. Web.

Madura, T. (2020). The Validity of the Consumer Financing Agreement with the Standard Clause of the Fiduciary Guarantee. Web.

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