Thursday, November 22, 2018

CONTRACTS OF ADHESION; FAR 52.301

Federal contracts are contracts of adhesion.  That is, the government dictates all elements of the contract including its terms and conditions.  Your opportunities to negotiate the terms of agreement are almost totally nonexistent.  This is just a reminder that when you deal in the federal marketplace, you must follow the rules including the restrictions on what goes into the agreement.  See also what we have written on the Christian doctrine which will read certain clauses into your contract whether they were in the contract initially or not.

And, remember to pay attention to 31 fine print pages in FAR which contain a matrix of clauses to be included in contracts.  See FAR 52.301.  That matrix lists all clauses and explains the contracts to which they apply.  You also can use this matrix in case you disagree that a clause belongs in your contract.  Be sure to complain before the time for submission of your bid or offer. 

bill@spriggsconsultingservices.com

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