However, proponents of the standard contract argue that it promotes the efficiency of contract law, which saves time and negotiation costs. (ii) A small business owner agrees with one or more other small businesses to act as subcontractors under a particular government contract. A small business association agreement between the supplier and its small business subcontractors exists through a written agreement between the parties, which – Full and open competition when used in a contractual act means that all responsible sources are allowed to compete with each other. (1) be designated by the Secretary of Defense as an operation in which members of the armed forces are or may be involved in military actions, operations, or hostilities against an enemy of the United States or an opposing military force; or Office of Small and Disadvantaged Business Utilization refers to the Office of Small Business Programs when referring to the Department of Defense. Implied contractual clauses are points that a court considers to be included in a contract, even if they are not expressly stated. Businesses and professionals generally do not want to rely on a court`s interpretation of implied terms. Their contracts will often be very extensive, so that as many material elements as possible will be included in the contract. If it is not possible to cover all possible details, a lawyer may appeal that such conditions have been implied to give force to the intent of the contract. The energy saving contract is a contract that obliges the contractor to (3) availability, i.e. to ensure rapid and reliable access to and use of information. Irrevocable Letter of Credit means a written commitment by a federally insured financial institution to pay a certain amount of money in whole or in part on the expiry date of the letter, if the government (recipient) submits a written request for payment.
Neither the financial institution nor the supplier/contractor may revoke or condition the letter of credit. 1. For the purposes of this definition, equipment is used by an Agency when it is used by the Agency directly or by a contractor under a contract with the Agency that: – Emergency as used in 6.208, 13.201, 13.500, 18.001, 18.202, 18.203 and subsection 26.2 means any occasion or case for which federal assistance is required under the designation of the President: to complement the efforts and capabilities of states and local communities to save lives and protect public property and health and safety, or to reduce or prevent the threat of disaster in any part of the United States (42 U.S.C. 5122). Cost-sharing is an express agreement whereby the Contractor bears a portion of the burden of reasonable, attributable and eligible contractual costs. A modification of the contract is any written modification of the terms of the contract (see 43.103). Small Business Subcontractor means a business that does not exceed the size standard for the North American Industry Classification System code that the prime contractor best describes for the product or service purchased from the subcontractor. Items refer to the basic structural element of a procurement tool that describes and organizes the product or service required for pricing, delivery, inspection, acceptance, billing, and payment. The use of the term “positions” includes the term “subtitle”, as appropriate.
An organizational conflict of interest means that due to other activities or relationships with others, a person is unable or may not be able to provide impartial support or advice to the government, or that the person`s objectivity in performing contract work is or may otherwise be compromised or that a person has an unfair competitive advantage. Source selection information is one of the following information prepared for use by an organization for the purpose of evaluating an offer or proposal to fulfill an agency contract, unless the information has already been made available to the public or known to the public: A neutral person is an impartial third party acting as an intermediary, investigator or arbitrator, or who performs other duties; assist the parties in resolving contentious issues. A neutral person may be a permanent or temporary public servant or employee of the federal government, or any other person acceptable to the parties. A neutral person shall not have an official, financial, or personal conflict of interest with respect to the disputed matters, unless the interest is communicated in writing to all parties and all parties agree that the neutral person may serve (5 U.S.C.583). Multi-agency contract (MAC) means a mission order or delivery contract established by an agency for the use of government agencies to procure supplies and services in accordance with the Economy Act (see 17.502-2). Multi-agency contracts include information technology contracts entered into under U.S. §§ 40.C. 11314(a)(2).
By its very nature, the government function as a matter of policy means a function so closely linked to the public interest that it dictates the performance of government employees. This definition is a political provision and not a legal provision. An inherent function of the crown includes activities that require either the exercise of discretion in the application of government powers or the making of value judgments in making decisions for the government. The functions of the State generally fall into two categories: the act of governance, i.e. the discretionary exercise of State authority, and monetary transactions and claims. Consent to subcontract means the written consent of the procuring entity to enter into a particular subcontract. The Performance Statement of Work refers to a performance statement for performance-based acquisitions that describes the required outcomes in clear, specific and objective terms with measurable results. (i) two or more requirements of the Federal Agency for supplies or services provided to or for the Federal Agency under two or more separate contracts, each of which had a cost less than the total cost of the contract for which bids are sought; or (3) for the purchase of supplies or services to be used to support an emergency operation as determined by the Head of the Agency; facilitate the prevention or recovery of cyber, nuclear, biological, chemical or radiological attacks; Support a request by the Secretary of State or administrator of the U.S. Agency for International Development to facilitate the provision of international disaster relief pursuant to 22 U.S.S.C. 2292 et seq.; or to support emergency or major disaster response (42 U.S.C. 5122), as described in paragraph 13.201(g)(1), excluding construction work, the 40 U.S.C. Chapter 31, Subchapter IV, Wage Rate Requirements (Construction) (41 U.S.C.
1903) – (2) This Part, Subpart or Section applies to the word or term when used in that Part, Subpart or Section. (ii) The source of these services simultaneously provides similar services to the general public under conditions similar to those offered to the Federal Government; (ii) Less than one majority shareholding over which it has control. (i) Refers to economically disadvantaged women-owned small businesses (EDWOSB) that are eligible under the WOSB program for federal contracts that have been assigned a North American Industry Classification Systems (NAICS) code in an industry where the Small Business Administration (SBA) has determined that WOSB concerns are under-represented in federal procurement; and (4) pooled awards for small hubzones in a tender for multiple award (2) affiliates, as used in this definition, mean business entities one of which directly or indirectly controls the others or has the power to control the others, or one or more third parties control or have the power of the other; to control them. In determining whether there is an affiliation, all appropriate factors are taken into account, including co-ownership, joint management and contractual relationships. The SBA determines affiliation based on the factors mentioned in 13 CFR 121.103. Major disaster as used in 6.208, 13.201, 13.500, 18.001, 18.202, 18.203 and subsection 26.2 means any natural disaster (including hurricane, tornado, storm, flood, wind power, tidal wave, tsunami, earthquake, volcanic eruption, landslide, landslide, blizzard or drought) or any cause of a fire, flood or explosion in any part of the United States that, according to the President`s findings, causes damage of sufficient severity and scale to warrant greater disaster assistance under the Stafford Act to complement the efforts and resources available to states, local governments, and disaster relief organizations to mitigate the damage, the losses, hardships, or suffering they cause (42 U.S.C.