You recently retired from government contracting work and established a consulting company (fully consistent with government ethics laws and rules, of course) with the primary focus of advising potential government contractors and subcontractors. Mr. Johnny Jones, of The Johnny Jones Flooring and Construction Company has approached you with a question. Jones and his company are potential subcontractors (they, obviously, specialize in flooring) on a federal construction contract worth a little over two million dollars ($ 2,000,000.00) recently awarded to the Jimmy Smith Construction Company (Jimmy Smith, the prime contractor). Neither Johnny nor his company have ever been part of a government contract before. He wants to know the ramifications associated with being a subcontractor on such a contract. His specific concerns are with protecting his ability to directly protest issues and concerns through the various courts and agencies able to handle such protests. He is specifically concerned that he may be left with only the option of suing Jimmy Smith if anything goes wrong on the contract. He would also like to have some assurance that he will get paid if the prime contractor becomes insolvent. You have agreed to steer Johnny in the right direction. What do you tell him? Include the rationale for your advice.© BrainMass Inc. brainmass.com October 25, 2018, 6:53 am ad1c9bdddf
As a former proprietor of government contracts I have detailed knowledge that I can share with Johnny to alleviate his fears as well as steer him in the right direction for his interactions with Mr. Smith. Johnny will need to first understand the issues that may arise causing the contract to become insolvent and his rights regarding several important clauses on this matter. The federal government may initiate 3 different clauses that can nullify a government contract including (1) Termination for Convenience, (2) Changes, and (3) Default (Vacketta, 1999).
(1) the "Termination for Convenience" clause: The Government has the autonomy to terminate the contract at any juncture without cause for the best interest of the Government. If this occurs Mr. Smith will have to terminate all subcontracts related to the terminated portion of the prime ...
This solution gives students insight into the rules and regulations associated with obtaining, bidding, and seeking federal contracts.
Federal Acquisition regulation and department of defense
1. In the context of government contractual authority, please define express authority, implied authority, and apparent authority and explain the key differences? (no more than 2 double spaced pages, 12 font)
2. Please explain the key differences between contracting by negotiation in FAR Part 15 and contracting by sealed bidding in FAR part 14? (no more than 2 double spaced pages, 12 font)
3. Fact Scenario - You just started with Agency X as a Contract Specialist, your Contracting Officer has also just joined Agency X and has extensive experience in procurement for the U.S. Commerce Department. Agency X is a Defense Department Agency that typically works procurements involving complex and large weapons systems. Your Contracting Officer tells you that she prefers to utilize the Sealed Bidding contract method because that is what she is most comfortable with from the Commerce Department. You have been assigned to help your Contracting Officer on the procurement of a new large complex weapons system. What factors will you tell her she should consider for a contract type and what contract method would you suggest for this procurement. Please explain your answer and address the factor of risk based on the recommended contract type. (no more than 2 double spaced pages, 12 font)
4. You are one of five technical evaluators on a contract evaluation team. In the second review of competitive proposals for a source selection, one of the evaluators tells you that he personally knows one of the contractors competing and several personnel that would work on the contract because they are from his hometown and he dislikes them. He says one of the personnel that would work on the contract is rude and he plans to give that contractor proposal a negative evaluation based on his personal feelings. What steps would you take and what would you tell him about why he should or should not give the negative evaluation/score. (no more than one double spaced page).View Full Posting Details