DID YOU KNOW? The Government is permitted to procure construction and architect/engineering services collectively under a “design/build” contract? Guidance for this type of procurement which increases efficiencies and lowers administrative burdens can be found at FAR Subpart 36.3, Two-Phase Design-Build Selection Procedures.
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...