Learning the Rules of Contracts Essay

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Contractual Obligations for the Government

Actually, there was not a contract between the Tech Dynamo, Inc. and the government regarding the prototype that the former created for the integration system that the latter required. A careful analysis of the diction in this case study indicates as much. General Hugo merely "suggested" to Sly, Tech Dynamo's president, that he create a prototype for the integration system. A suggestion is not a binding agreement, not even in the verbal sense of contractual implementation. Moreover, General Hugo is merely the program manager for the government, which means that he does not have the authority to issue contracts for the government -- such authority is possessed by Bugs Acme, the government's Contracting Officer. Lastly, the Source Selection Committee's condemnation of the prototype alludes to the lack of authority Hugo had to make any sort of contract about this matter.

The relationship between Mr. Sly and Hugo was not appropriate largely due to ethics. Hugo engaged with recreational activities with Sly when Sly was one of many competing interests for a contract from the company for which Hugo worked. Although Hugo did not have the express authority to award the contract to Sly's company (or to anyone else's), the fact that he was engaging in recreational activities with a potential client who was competing with others for the aforementioned contract gives Sly's company an unfair advantage over the others that is simply unethical.

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Additionally, Hugo provided Sly information that was largely confidential to the government about the proceedings for selecting a recipient of the contract. Such interaction between the pair was inappropriate as well.

3. There were several different issues with the solicitation and the process by which it was formed. The most prominent of these was the fact that the solicitation did not outline the prioritization of three critical factors: technical factors, price, and past performance. The failure to prioritize these factors certainly affected the various proposals that the contractors created to attain the integration system job, and also resulted in Dulax's protest to the GAO about this matter. A protest to the GAO could result in serious ramifications for the government, as well as affect its ability to hire the most competitive contractor for future work. Additionally, Bugs Acme's priorities were not well aligned with the solicitation process. He was merely trying to expedite this process by "getting the Request for Proposal into FedBizOps within sixty days," and not necessarily get the best contract.

4. The most important thing to do to correct the issues and concerns with the solicitation that are denoted in the previous question is to prioritize the key factors for getting a proposal selected. Specifically, those factors relate to past performance, price, and technical factors.….....

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