"I Never Signed Up for This!"-Addressing the Government's Recent Pattern of Applying New Procurement Rules Retroactively.

التفاصيل البيبلوغرافية
العنوان: "I Never Signed Up for This!"-Addressing the Government's Recent Pattern of Applying New Procurement Rules Retroactively.
المؤلفون: GRIESEDIECK JR., CHRISTOPHER G., FRANCEL, MICHAEL T.
المصدر: Procurement Lawyer; Winter2024, Vol. 59 Issue 2, p1-39, 6p
مصطلحات موضوعية: PUBLIC contracts, ELECTRONIC procurement, COVID-19 pandemic, OFFER & acceptance (Contracts), LETTING of contracts, EXCLUSIVE contracts
مستخلص: This article discusses the increasing trend of the US federal government applying new procurement rules retroactively to existing contracts with private industry. The article explains that this practice goes against the general rule of applying legislation and regulations prospectively. It also highlights that the government's readiness to insert new Federal Acquisition Regulation (FAR) clauses into existing contracts when exercising an option to extend performance is invalid, as options that add new terms or condition acceptance of new terms are not enforceable. The article provides examples of specific policies that have required the insertion of new contract terms during option exercises. It advises contractors on how to respond to these situations, including performing under protest and seeking equitable adjustments for increased costs. [Extracted from the article]
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قاعدة البيانات: Complementary Index