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About NGDenise

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  1. Contract A is a willing party. Hoping to gain goodwill and future opportunities with USG. USG administers the requirements contract. Other contractors are "expected" to contract with Contractor A under a DOD directive for a widget that they can only get with Contractor A. Contractor A is looking for a way, however, to obligate the USG if not enough other contractors come to buy this widget. Term liability language doesn't seem to apply here, but is there any other language or clause that Contractor A can invoke? Also, USG did not plan for this in their current budget, so have no way to fund this themselves for another 2 fiscal years. May have funding in FY22.
  2. Understand that term liability requires incremental funding, but under a requirements contract, with no funding or obligation, how can a contractor "obligate" the Government (DOD)? Hypotheticially speaking, USG issues a requirements contract for contractor A to buy and store widgets upfront with the hopes that other contractors will enter agreements with contractor A to buy down the widgets, and thus compensate Contractor A. What can Contractor A do to obligate the Gov if they are left with inventory or if no contractors agree to contract for the widgets?
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