Chapter 4 Essay

1355 words - 6 pages

1. If Jones Engineering was hired to develop the master plan and that plan is to be used as the Statement of Work, then they cannot bid on the procurement. This is because of the fact that the company could write the Statement of Work to be more fitting to their company that it would be to rivals. The Statement of Work and the procurement are to be independent of each other. The protest would not rule in favor of Jones Engineering because of this fact. Had the government or another company written up the Statement of Work, Jones Engineering would have still been eligible to bid on the procurement. If there were no other bids on the procurement, the Government could possible start from ...view middle of the document...

The government would therefore not be required to cover any liquidated damages or penalty fees. Therefore the damages claimed that are significantly in excess of the recompense for the contract would not be valid. The Government is not responsible for the expectations of the contractor, only for the items actually provided to them by the contractor.

4. The friendship between Mrs. Jones and Mrs. Clayton brings about a few issues that will not bode well for General Jones and Co. X. They are issues that could have been prevented by following protocol. The biggest problem with the situation was the close personal relationship that Mrs. Jones had with Mrs. Clayton during the time of procurement. In this case the conflict of interest also extends to the spouse. Since General Jones was the Chief of Procurement knowing that Mrs. Clayton’s husband was the president of one of the two main competitors for the contract award, he should have recused himself from the contract award decision. The fact Mrs. Jones went to work for the winning company after the contract was awarded, will surely cause Co. Y to file a protest.

5. The main reason that the government struggles with the concept of promissory or equitable estoppel is that the doctrine cannot be implemented if it is not in the best interest of the greater American population. This basically means that a making a contract irrevocable for the government would have to not affect the population in a negative way. This is almost always the case because the contract is going to cost the government more money than it would if they would have the chance to back out. Also the concept cannot be invoked if it endangers the constitutional powers of the US government. The government usually has the upper hand in most contracts and the concept of promissory estoppel lowers that advantage to one of equity and reduces the power of the government essentially.

6. Only the amount offered can be accepted in this situation. That means that it must be accepted without conditions, exactly as offered. Acceptance can be verbal, in writing, or inferred by the transaction of the money for the desk. In order for the offer to be irrevocable, it must include valuable consideration. The offeror must promise to pay the amount offered for a promise from the other party that he will provide the desk in its current condition. Each party gives the other party consideration as the agreed price for the item. In most situations (as in this case), the consideration is the payment of money; however, that is not always the case. The payment doesn’t have to necessarily be a fair payment for the item, as long as it is mutually agreed upon by both parties.

7. Even if it is not included in the contract, the Termination for Convenience clause is still valid. The Christian Doctrine says that the Termination for Convenience clause is inherent to government contracting therefore it does not have to be present in the contract...

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