Briefing Case Law Case Brief Term Paper

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The legal issue in question revolved around the terms of the Truth in Negotiations Act (TINA) which demands that pricing be based upon fair market value. The government stated that TINA applies to all contact negotiations regarding all essential medical services. Additionally, under the Christian precedent, contract clauses that express a "significant or deeply ingrained strand of public procurement policy" are automatically understood to be in all government contacts, even if the clause is not overtly stated.

Holding of the Court

The Court found in favor of the VA, and against UCSF.

Court's Rationale or Reasoning for its Decision

UCSF had a long-standing history of negotiating with the VA. Even though the 1990 contract in question did not contain a specific defective pricing clause, previous contracts had included such a clause.

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Moreover, the stated intent of TINA, which was intended to avoid excessive waste of taxpayer dollars, was already a "deeply ingrained" principle of procurement policy. Obligatory Congressional enactments govern federal contracts and there was a clause within the contract noting that procurement regulations issued under statutory authority would affect the terms of the contract. Given case law (including the Christian precedent) combined with the UCSF's history as a seasoned government contractor, both law and circumstance weighed against….....

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https://www.aceyourpaper.com/essays/briefing-case-law-case-brief-44199
   

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