Contract Performance
Contract Performance
Joseph Dorow
Strayer University
BUS 501 Government Acquisition
Instructor: Dr. Vic Villarreal
December 2012
Contract Performance
Summarize the report, with particular attention to the issue of contract performance. I chose the report with a Lancer Clothing Corporation protest alleging “Workroom for designers does not have a commitment for the lining material supplier who is reputable, and that it lacks sufficient production capacity. Lancer also alleges that the principal individual associated with workroom for designers has a questionable business background” Van Cleve (1981) to deliver the final product. The ruling by Van Cleve:
The allegation that the bidder cannot perform contract involves bidder responsibility, affirmative determination of which is not reviewed by GAO except in cases of fraud of misapplication of definitive responsibility criteria set forth in solicitation. Since neither exception is applicable, protest is dismissed (1981. pp 1-2).
Explicate the regulatory provision (FAR) pertaining to contract performance in general.
Contract performance first lies the early stages of interpreting the contract. Marshall Engelbeck states “The cardinal rule of contract interpretation is to “carry out the original intent of the parties. This rule is founded in common law.” (Engelbeck, 2002, p. 339) The first step in understanding a contract is interpreting the contract by finding the “plain meaning of the words, if the words are clear and unambiguous.” (O 'Connor, 2007, p. 119) to help with this Marshal Engelbeck lays out six presumptions upon which a contract is founded. These are used to help interpret the contract to ensure the objective intent is understood and that no ambiguity exists between the contracting parties. They are:
(1) Performance feasibility: there is a presumption that it is possible to perform the work. (2) Competency: The seller has an obligation to perform the work satisfactorily. (3) Document
Joseph Dorow
Strayer University
BUS 501 Government Acquisition
Instructor: Dr. Vic Villarreal
December 2012
Contract Performance
Summarize the report, with particular attention to the issue of contract performance. I chose the report with a Lancer Clothing Corporation protest alleging “Workroom for designers does not have a commitment for the lining material supplier who is reputable, and that it lacks sufficient production capacity. Lancer also alleges that the principal individual associated with workroom for designers has a questionable business background” Van Cleve (1981) to deliver the final product. The ruling by Van Cleve:
The allegation that the bidder cannot perform contract involves bidder responsibility, affirmative determination of which is not reviewed by GAO except in cases of fraud of misapplication of definitive responsibility criteria set forth in solicitation. Since neither exception is applicable, protest is dismissed (1981. pp 1-2).
Explicate the regulatory provision (FAR) pertaining to contract performance in general.
Contract performance first lies the early stages of interpreting the contract. Marshall Engelbeck states “The cardinal rule of contract interpretation is to “carry out the original intent of the parties. This rule is founded in common law.” (Engelbeck, 2002, p. 339) The first step in understanding a contract is interpreting the contract by finding the “plain meaning of the words, if the words are clear and unambiguous.” (O 'Connor, 2007, p. 119) to help with this Marshal Engelbeck lays out six presumptions upon which a contract is founded. These are used to help interpret the contract to ensure the objective intent is understood and that no ambiguity exists between the contracting parties. They are:
(1) Performance feasibility: there is a presumption that it is possible to perform the work. (2) Competency: The seller has an obligation to perform the work satisfactorily. (3) Document
References: Engelbeck R M 2002 Acquisition managementEngelbeck, R. M. (2002). Acquisition management (2nd ed.). Vienna, VA: Management Concepts. O 'Connor T M 2007 Understanding government contract lawO 'Connor, T. M. (2007). Understanding government contract law (1st ed.). Vienna, VA: Management Concepts. Van Cleve H R 19810417 Lancery Clothing CorporationVan Cleve, H. R. (1981, April 17). Lancer Clothing Corporation (B-202815). Washington, DV: U.S. Government Accountability Office. doi:B-202815 Wolters Kluwer 2010 Federal Acquistion RegulationWolters Kluwer (2010). Federal Acquisition Regulation (July ed.). Chicago, IL: CCH.