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Article I, Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the states.These prohibitions are meant to protect individuals from intrusion by state governments and to keep the states from intruding on the enumerated powers of the U.S. federal government.
Because the FAR is the law, and government contractors are presumed to be familiar with the FAR, a mandatory clause that expresses a significant or deeply ingrained strand of public procurement policy will be incorporated into a Government contract by operation of law, even if the parties intentionally omitted it. [1] [2]
In one of the earliest cases in this area, Home Insurance Co. v. Dick, 281 U.S. 397 (1930), the Court held that the state of Texas could not constitutionally apply its own rule invalidating contract clauses that required any statute of limitations under two years to a contract that had no relation to Texas beyond the fact that the plaintiff was ...
In 1953, President Dwight D. Eisenhower created the President's Committee on Government Contracts with Executive Order 10479. The order was a follow-up to Executive Order 10308 signed by President Harry S. Truman in 1951 establishing the anti-discrimination Committee on Government Contract Compliance.
The law of contracts varies from state to state; there is nationwide federal contract law in certain areas, such as contracts entered into pursuant to Federal Reclamation Law. The law governing transactions involving the sale of goods has become highly standardized nationwide through widespread adoption of the Uniform Commercial Code .
The Government cannot issue a unilateral modification forcing delivery of rights in computer software; mutual consent is mandated by law and DFARS provisions for commercial software acquisitions. The contract clause that is normally in a commercial software contract acquisition is the FAR 52.212-4, Commercial Items, clause.
The United States has waived sovereign immunity to a limited extent, mainly through the Federal Tort Claims Act, which waives the immunity if a tortious act of a federal employee causes damage, and the Tucker Act, which waives the immunity over claims arising out of contracts to which the federal government is a party. The Federal Tort Claims ...
The Contract Disputes Act of 1978 ("CDA", Pub. L. 95–563, 92 Stat. 2383), which became effective on March 1, 1979, establishes the procedures for handling "claims" relating to United States Federal Government contracts. It is codified, as amended, at 41 U.S.C. §§ 7101–7109.