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[5] [6] The Government has a duty to disclose its superior knowledge about the procurement history of the item and the fact that it had never been mass-produced without a waiver of certain specifications. The government's duty to disclose is heightened if the contractor is a small business. [5] [7]
Government contracts are governed by federal common law, a body of law which is separate and distinct from the bodies of law applying to most businesses—the Uniform Commercial Code (UCC) and the general law of contracts. The UCC applies to contracts for the purchase and sale of goods, and to contracts granting a security interest in property ...
Title 41 of the Code of Federal Regulations ("CFR"), titled Public Contracts and Property Management, is the portion of the CFR that governs federal government public contracts within the United States. It is available in digital or printed form. Title 41 comprises four volumes, and is divided into six Subtitles.
LL Fuller, MA Eisenberg and MP Gergen Basic Contract Law (9th edn 2013) CL Knapp, NM Crystal and HG Prince, Problems in Contract Law: Cases and Materials (7th edn Aspen 2012) Books. OW Holmes, The Common Law (1890) chs 7-9; G Gilmore, The Death of Contract (1974) ISBN 0-8142-0676-X; Articles. MR Cohen, 'The Basis of Contract' (1933) 46 Harvard ...
A detailed discussion of intellectual property in Government contracts can be found in a variety of sources, including Intellectual Property in Government Contracts by Ralph C. Nash, Jr. and Leonard Rawicz published by CCH/Wolters Kluwer, as well as Licensing Software and Technology to the U.S. Government: the Complete Guide to Rights to ...
The Walsh-Healey Act that applies to U.S. government contracts exceeding $15,000 for the manufacturing or furnishing of goods. Walsh-Healey establishes overtime pay for hours worked by contractor employees in excess of 40 hours per week, and sets the minimum wage equal to the prevailing wage as determined by the Secretary of Labor.
Writers of a SOW often include requirements that belong in other parts of a contract. Specifically, quantitative technical requirements are addressed in the military specification and work requirements are specified in the SOW, and data requirements (e.g., delivery, format, and content) should be in the CDRL along with the appropriate DID to minimize the potential for conflict.
A government contract proposal, often called a government proposal in business, is a response to written requirements issued by a government entity that wants to buy something. All areas of government (national, state/provincial, and local) use written requirements to buy products or services to make purchasing fair and reduce costs.