Author: Anthony Larry Steadman
Publisher:
ISBN: 9781423542407
Category : Government contractors
Languages : en
Pages : 79
Book Description
Every contract has risks. It is the type and degree of risks that vary from contract to contract. These risks are allocated through express or implied contract terms. Courts and boards also allocate risk if the parties fail to do so or a dispute arises over allocation. Rather than pay increased end item prices to cover the cost of potential post- acceptance risk of loss, the Federal Acquisition Regulations (FAR) relieve the contractor of liability for loss of or damage to government property that occurs after acceptance resulting from defects or deficiencies in the supplies or services. In other words, the government self-insures against such post-acceptance loss or damage. For "high- value items," this self-insurance coverage includes loss of or damage to the end item itself. The FAR also calls for a corresponding decrease in the price of end items that are based on catalog or market prices, reflecting the contractor's reduced liability in providing commercial items. It has been 28 years since this self-insurance policy was first promulgated in federal government contracts. This thesis examines the assumptions underlying that policy with respect to high-value items in light of recent changes in the government procurement environment. First, in Part I, I dissect the limitation of liability clause itself to fully understand its origin and applicability. In Part II, I consider the impact of recent developments affecting post-acceptance liability. In Part III, I discuss post-acceptance liability of assembler contractors and component part manufacturers providing insight into common law principles of risk allocation in the commercial marketplace. In Part IV, I examine some of the factors that affect a contracting officer's decision to limit the liability of a contractor or subcontractor. I conclude with recommended changes intended to improve the process of procuring high-value items and allocation of post- acceptance risk of loss.
Post-Acceptance Limitation of Liability for High-Value Items
Author: Anthony Larry Steadman
Publisher:
ISBN: 9781423542407
Category : Government contractors
Languages : en
Pages : 79
Book Description
Every contract has risks. It is the type and degree of risks that vary from contract to contract. These risks are allocated through express or implied contract terms. Courts and boards also allocate risk if the parties fail to do so or a dispute arises over allocation. Rather than pay increased end item prices to cover the cost of potential post- acceptance risk of loss, the Federal Acquisition Regulations (FAR) relieve the contractor of liability for loss of or damage to government property that occurs after acceptance resulting from defects or deficiencies in the supplies or services. In other words, the government self-insures against such post-acceptance loss or damage. For "high- value items," this self-insurance coverage includes loss of or damage to the end item itself. The FAR also calls for a corresponding decrease in the price of end items that are based on catalog or market prices, reflecting the contractor's reduced liability in providing commercial items. It has been 28 years since this self-insurance policy was first promulgated in federal government contracts. This thesis examines the assumptions underlying that policy with respect to high-value items in light of recent changes in the government procurement environment. First, in Part I, I dissect the limitation of liability clause itself to fully understand its origin and applicability. In Part II, I consider the impact of recent developments affecting post-acceptance liability. In Part III, I discuss post-acceptance liability of assembler contractors and component part manufacturers providing insight into common law principles of risk allocation in the commercial marketplace. In Part IV, I examine some of the factors that affect a contracting officer's decision to limit the liability of a contractor or subcontractor. I conclude with recommended changes intended to improve the process of procuring high-value items and allocation of post- acceptance risk of loss.
Publisher:
ISBN: 9781423542407
Category : Government contractors
Languages : en
Pages : 79
Book Description
Every contract has risks. It is the type and degree of risks that vary from contract to contract. These risks are allocated through express or implied contract terms. Courts and boards also allocate risk if the parties fail to do so or a dispute arises over allocation. Rather than pay increased end item prices to cover the cost of potential post- acceptance risk of loss, the Federal Acquisition Regulations (FAR) relieve the contractor of liability for loss of or damage to government property that occurs after acceptance resulting from defects or deficiencies in the supplies or services. In other words, the government self-insures against such post-acceptance loss or damage. For "high- value items," this self-insurance coverage includes loss of or damage to the end item itself. The FAR also calls for a corresponding decrease in the price of end items that are based on catalog or market prices, reflecting the contractor's reduced liability in providing commercial items. It has been 28 years since this self-insurance policy was first promulgated in federal government contracts. This thesis examines the assumptions underlying that policy with respect to high-value items in light of recent changes in the government procurement environment. First, in Part I, I dissect the limitation of liability clause itself to fully understand its origin and applicability. In Part II, I consider the impact of recent developments affecting post-acceptance liability. In Part III, I discuss post-acceptance liability of assembler contractors and component part manufacturers providing insight into common law principles of risk allocation in the commercial marketplace. In Part IV, I examine some of the factors that affect a contracting officer's decision to limit the liability of a contractor or subcontractor. I conclude with recommended changes intended to improve the process of procuring high-value items and allocation of post- acceptance risk of loss.
Defense In-plant Quality Assurance Program
Author: United States. Defense Logistics Agency
Publisher:
ISBN:
Category : Engineering inspection
Languages : en
Pages : 464
Book Description
Publisher:
ISBN:
Category : Engineering inspection
Languages : en
Pages : 464
Book Description
Federal Acquisition Circular
Author:
Publisher:
ISBN:
Category : Government purchasing
Languages : en
Pages : 1096
Book Description
Publisher:
ISBN:
Category : Government purchasing
Languages : en
Pages : 1096
Book Description
Federal Acquisition Circular
Author: United States. Department of Defense
Publisher:
ISBN:
Category : Government purchasing
Languages : en
Pages : 500
Book Description
Publisher:
ISBN:
Category : Government purchasing
Languages : en
Pages : 500
Book Description
The Code of Federal Regulations of the United States of America
Author:
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 1124
Book Description
The Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government.
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 1124
Book Description
The Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government.
Code of Federal Regulations
Author:
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 688
Book Description
Special edition of the Federal Register, containing a codification of documents of general applicability and future effect ... with ancillaries.
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 688
Book Description
Special edition of the Federal Register, containing a codification of documents of general applicability and future effect ... with ancillaries.
Code of Federal Regulations, Title 48, Federal Acquisition Regulations System, Chapter 1 (Pt. 1-51), Revised As of October 1 2012
Author: Office of the Federal Register (U.S.) Staff
Publisher: Office of the Federal Register
ISBN: 9780160914775
Category :
Languages : en
Pages : 1304
Book Description
Publisher: Office of the Federal Register
ISBN: 9780160914775
Category :
Languages : en
Pages : 1304
Book Description
Code of Federal Regulations, Title 48, Federal Acquisition Regulations System, Chapter 1 (Pt. 1-51), Revised as of October 1, 2009
Author:
Publisher: Government Printing Office
ISBN: 9780160840517
Category : Law
Languages : en
Pages : 1140
Book Description
Publisher: Government Printing Office
ISBN: 9780160840517
Category : Law
Languages : en
Pages : 1140
Book Description
A Guide to Federal Contracting
Author: Dan Lindner
Publisher: Rowman & Littlefield
ISBN: 1636710530
Category : Business & Economics
Languages : en
Pages : 661
Book Description
A Guide to Federal Contracting: Principles and Practices demystifies the federal buying process, providing in one volume a succinct yet thorough treatment of federal contracting requirements or regulations. Bringing together concepts of business, law, politics, public and social policy, pricing, and contract placement and administration, Dan Lindner draws on 40 years of federal government experience to cover the vast spread of this important process that impacts our daily government operations. This completely updated second edition incorporates the nearly 16 regulatory changes that have occurred since the first edition was published and adds new subsections on Product Planning and Placement, Major Systems Acquisition, Cloud Computing, Cybersecurity, Other Transaction Agreements, Corporate Budget, and Work Breakdown Structure.
Publisher: Rowman & Littlefield
ISBN: 1636710530
Category : Business & Economics
Languages : en
Pages : 661
Book Description
A Guide to Federal Contracting: Principles and Practices demystifies the federal buying process, providing in one volume a succinct yet thorough treatment of federal contracting requirements or regulations. Bringing together concepts of business, law, politics, public and social policy, pricing, and contract placement and administration, Dan Lindner draws on 40 years of federal government experience to cover the vast spread of this important process that impacts our daily government operations. This completely updated second edition incorporates the nearly 16 regulatory changes that have occurred since the first edition was published and adds new subsections on Product Planning and Placement, Major Systems Acquisition, Cloud Computing, Cybersecurity, Other Transaction Agreements, Corporate Budget, and Work Breakdown Structure.
Federal Acquisition Regulation: Parts 52, 53, & index (2 pts.)
Author:
Publisher:
ISBN:
Category : Government purchasing
Languages : en
Pages : 434
Book Description
Publisher:
ISBN:
Category : Government purchasing
Languages : en
Pages : 434
Book Description