DID YOU KNOW? Per FAR 35.007, a FAR Part 35 Research and Development (R&D) procurement is not subject to standard FAR Part 5 publication or FAR Part 6 “full and open” requirements. This is due to the government’s desire to save time and money and fund only the most experienced and highest quality of researchers to conduct their basic research, applied research, and/or development. Don’t forget that many R&D contracts are solely for research with no expectation that it results in something being developed or created from that research!
EXCULPATORY CLAUSE DOES NOT INSULATE GOVERNMENT FROM ITS OWN BREACH
Where a contract imposes an obligation on the government, and that obligation is a condition that ensures the contractor can perform its duties, but the government breaches that obligation, an exculpatory clause in the contract does not relieve the government of...