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|Other Titles: ||The Legal Systems and Terms and Conditions of Cost-reimbursement Contracts in the Context of the U.S. Federal Government Procurement|
Government Procurement;Fixed-price Contracts;Cost-reimbursement Contracts;Procurement Contracts
|Issue Date: ||2016-05-20 15:34:59 (UTC+8)|
Both fixed-price contracts and cost-reimbursement contracts aim to achieve the efficient acquisition of government needs. In fixed-price contracts, contractors must perform a specified amount of work at a predetermined price. Contractors are directed to establish the pre-cise manner of contract performance and to control the level of their expenditures. As a result, fixed-price contracts impose on the con-tractors a high risk of suffering financial losses. However, since gov-ernment agencies usually encounter the absence of precise specifica-tions and difficulties in estimating costs with accuracy for research and development (R&D) contracting, the use of cost-reimbursement con-tracts becomes appropriate. Cost-reimbursement contracts permit the government to write a less detailed work statement. In cost-reimbursement contracts, the government agrees to reimburse the con-tractor for his/her expenditures in the contract administration whether or not the work is completed. The government bears most of the risk. The terms and conditions of these contracts, therefore, are quite differ-ent from one another. Since the First World War, the US Government has made wide use of cost-reimbursement contracts for R&D work and for the manufactur-ing of military equipment. By 1960 the Department of Defense (DoD) reimbursed contractors for approximately 40% of all its contract ex-penditures for cost-reimbursement contracts. The National Aeronautics and Space Administration (NASA) used 76% of its procurement budget, totaling up to 13.4 billion U.S. dollars, by cost-plus-award-fee (CPAF) contracts for R&D and management work in 1992. CPAF contracts have been determined to be the most appropriate type of contract to use by the NASA. The DoD has used cost-reimbursement contracts to research and develop major systems. In fiscal year 2007, the Government used 25% of its defense procurement budget, totaling up to 78 billion U.S. dollars, by cost-reimbursement contracts. Cost-reimbursement contracts are widely used by U.S. Government agencies. This research on cost-reimbursement contracts focuses on the clauses in the Federal Acquisition Regulations (FAR). Some US courts’ judicial orders and decisions made by the Board of Contract Appeals dealing with issues in this area are discussed. This research first pro-vides types of cost-reimbursement contracts. It then presents key legal obligations of the parties under the contract clauses. It also examines domestic laws, regulations, and practices of the US and the ROC re-garding government procurement to see the shortcomings of Taiwan’s domestic laws and regulations. This study then offers suggestions for establishing these laws and regulations.
|Relation: ||法學評論, 110, 115-211|
|Data Type: ||article|
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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