Basic Principles of Government Contract Law. Introduction. General Incorporation of safety into Government Contracts - the Regulatory framework. Basic Elements of a Contract. 4 basic requirements for an enforceable contract Agreement Offer acceptance Consideration
Incorporation of safety into Government Contracts - the Regulatory framework
While A.H. and Ida Zehmer, husband and wife, were drinking with W.O. Lucy, Mr. Zehmer made a written offer to sell a 471-acre farm the Zehmers owned to Lucy for $50k. Zehmer contends that his offer was made in jest and that he only wanted to bluff Lucy into admitting that he did not have $50k. Instead, Lucy appeared to take the offer seriously, offering $5 to bind the deal, and had Mrs. Zehmer sign it. When the Zehmers refused to perform the contract, Lucy brought an action to compel specific performance of the contract. Is the contract enforceable?
Suppose the Dallas Cowboys contract with a tailor to make uniforms for the team. The tailor completes the uniforms, but the team manager thinks the color is wrong and refuses to allow the team to wear them. Here, there has been no legal benefit to either the manager or the players. The tailor, however, has suffered a legal detriment (time spent making the uniforms). Is there sufficient consideration to enforce the contract?
James Strickland paid an unsolicited $2500 bribe to Judge Woods so that the judge would be lenient on a friend of Strickland’s, who had a case pending before Judge Woods. Paying a bribe to a government official is a crime. Judge Woods reported the incident and turned the money over to the state’s attorney general. The state indicted Strickland for bribery and sentenced him to four years in prison. Strickland filed a motion to recover the $2500 from the state. Can Strickland recover the money?
Can’t sue the US unless we let you!
Within the Scope of the Contract
Cannot expand contracts
Permissive vs. cardinal change
Partial or complete
No common law damages
Criminal and Administrative remedies
18 USC 1001
Responsibilities for safety compliance
Government furnished property
Contractors may be performing work alongside military personnel
Contractor safety can influence the safety of all installation personnel
Contractors must implement an occupational injury prevention program
Coordination of safety efforts is key to protecting all workers at military workplacesContractor Safety – Why is it an Issue?
(1) Situations in which the United States, by admiralty law or other law, is responsible for contractor employee injury compensation (e.g., for employees working under the Commander, Military Sealift Command)
(2) Situations where the Navy exercises statutory authority for safety and health and, as a result, the OSH Act does not directly apply.
Federal and State Occupational Safety and Health Inspections at Contractor Workplaces on Navy Shore Installations OPNAVINST 5100.23G, Chapter 11