Contract Performance Essay

The allegation that the bidder kindlenot perform sire 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 slew 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 reliable intent of the parties.This rule is founded in common law. (Engelbeck, 2002, p. 339) The first step in reading a contract is interpreting the contract by finding the kvetch meaning of the words, if the words are clear and unambiguous. (OConnor, 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 at that place is a presumption that it is practicable to perform the work. 2) Competency The seller has an obligation to perform the work satisfactorily. (3) Document soundness The contract is the plain meaning between the buyer and the seller, and should be a complete and accurate expression of the original intent of both parties. (4) Cooperation This presumption enforces the duty on both parties to cooperate. (5) Absence of mistake In a contract, mistakes can occur that are classified as mutual or unilateral. The burden of resulting from a mistake can be substantial, and the parties must resolve the situation quickly. 6) Conscionability misunderstandings, and positive analysis can create contract requirements that impose an obligation on the performing party to operate contract to its best interest, the cost of performance is not propo rtional to the benefits. (2002, pp. 328-329)Also both parties are subject to the duty to inquire rule, this applies only to obvious errors, gross discrepancies, or inadvertent and glaring gaps. This is not to nidus on intent but whether either party, failing to divulge mistakes, stands to profit from the failure. (Engelbeck, 2002, p. 339) The question stated in plain words What does the contract say?To understand this likely additional layer in the contract, we need to use the secondary rules of contract interpretation. They are as follows requirement 1 For words to be ambiguous, there must be two reasonable interpretations of the words OConnor (2007, p. 123), which means the party must read the contract as a whole, words and meanings should catch ones breath consistent. Engelbeck (2002, p. 340) Requirement 2 The ambiguity must be hidden (patent) (OConnor, 2007, p. 123) which Engelbeck states as where express language rule prevails this rule assumes that the professionals unde rstand the language of their own specialties. (Engelbeck, 2002, p. 340)Requirement 3 The contractor did not know that the government had different interpretation. If a bidder knows its interpretation is in conflict with governments at the solicitation stage, the bidder is must resolve it. (OConnor, 2007, p. 125) this is reinforced by Engelbeck (2002, p. 341) knowledge of the other partys interpretation Entering into a contract knowing the other partys interpretation was objectionable means that other partys interpretation is the one that is binding.If the parties still have not resolved the inconsistencies of the contract the FAR has schematic and Order of precession to help mitigate any ambiguity that may arise from the objective intent of a contract FAR 52. 215-8, Order of Precedence Uniform Contract Format (October 1997), Any inconsistency in the solicitation of contract shall be resolved by giving precedence in the pursuance order (a) The schedule (excluding the specificati ons). b) Representations and other instructions. (c) Contract clauses. (d) Other documents, exhibits, and attachments. (e) The specifications. (OConnor, 2007, p. 127) The Post-Award Conference is should be established by the Contracting Officer or to help establish the communication protocol, and define the focal points for specific tasks and to ensure the contractor has a complete understanding of the scope, technical requirements, and obligations under the contract.The orientation should be held as soon by and by the award of the contract. Engelbeck (2002, pp. 336-337) Engelbeck further states this is not the time to rewrite the requirements or the contract. Based off my experience as a procurement manger this is the time where possible concerns are raised by the contractor, and the task orders are issued by the contracting officer to clarify the contract, and at times modifications are issued to the contract to reflect the elucidation of the objective of the client.Explicate the regulatory provisions (FAR) that slang to the particular contract performance issue of the report chosen. The regulatory provisions that apply to this contract found off Lancer Clothing fellowships protest would be the following presumptions as identified by Engelbeck (1) performance feasibility, would go the argument that Lancer Clothing Corporation protests on the this issue as the procurement objective would not be fulfilled and the significant financial lost on the part of the client could occur. (Engelbeck, 2002, p. 329) (2) competency, this would apply as the company pointed out that bidder does not have a commitment for the lining material, from a reputable suppler and thus lacks sufficient production capacity cutting edge Cleve (1981, p. 1) to deliver the full product line. Explicate whether the report gives adequate information to form an opinion about the recommendations.