Performance. Consider the contractor’s need to meet the obligations of the contract and perform the requirements of the contract: compliance with the Ts & Cs, reg’s the successful building, fabrication, performance of the final product or service
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Federal Specifications: Issued or controlled by General Services Administration (GSA) and listed in the Index of Fed’l Specs, Standards, and Commercial Item Descriptions. In 1994, acquisition streamlining directed agencies that, to the maximum extent practicable, use performance specs. Therefore, these are stated in terms of function to be performed, performance required, essential physical characteristics.
Military Specifications: Specs issued by DoD for mandatory use by DoD activities. DoD Index of Specs and Standards lists unclassified fed’l and military specs and standards, related standardization documents, and voluntary standards approved for DoD use.
Implied Warranty: In regards to design specs, compliance to Govt specs implies that the Govt knows what the end-product will be and, therefore, is responsible for the design. Anticipate a satisfactory end-product.
Meeting specs = responsibility of Govt for defects.
The Doctrine of Substantial Performance says that the Govt may not reject and terminate contract performance that minorly deviates from the requirements and has performed a major portion of completion, delivery.
It can still insist on completion
If not practical or desired, contractor is entitled to credit for reasonable value of work and unperformed work.