Researching Posted October 18, 2012 Report Share Posted October 18, 2012 If the government asks for consideration for, let's say relieving a spec requirement, are efforts the contractor has performed (above and beyond the scope of the contract which improves the product in areas important to the government) candidates to satisfy the request for consideration? Does it matter that the efforts were performed in the past prior to the request for consideration? Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted October 19, 2012 Report Share Posted October 19, 2012 You should ask the government what they will and will not accept as consideration. As a legal matter, what you have done in the past is probably not good consideration for something you want in the present or in the future. Link to comment Share on other sites More sharing options...
Navy_Contracting_4 Posted October 22, 2012 Report Share Posted October 22, 2012 You should ask the government what they will and will not accept as consideration. As a legal matter, what you have done in the past is probably not good consideration for something you want in the present or in the future. However, if a product improvement was made in the past, without being made a requirement of the contract, wouldn’t it be legally sufficient to offer the addition of a spec requirement for the product improvement, as consideration for relieving some other spec requirement, thus committing the contractor to deliver improved products, as opposed to the current voluntary delivery of improved products? Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted October 22, 2012 Report Share Posted October 22, 2012 If the product improvement has been made and deliveries have already been completed, then I'd say no. Link to comment Share on other sites More sharing options...
Navy_Contracting_4 Posted October 22, 2012 Report Share Posted October 22, 2012 If deliveries have already been completed, I agree. I was thinking that the request for relieving a spec requirement would have to be prospective, and if deliveries were complete, this whole discussion would be moot, but perhaps that's not necessarily so. Link to comment Share on other sites More sharing options...
Researching Posted October 22, 2012 Author Report Share Posted October 22, 2012 In this example, deliveries have not been completed. Link to comment Share on other sites More sharing options...
Navy_Contracting_4 Posted October 22, 2012 Report Share Posted October 22, 2012 In this example, deliveries have not been completed. Then, I think you may have some room to negotiate. The adequacy of the consideration could be an issue, but if the improvement is, as you say, important to the government, it might not be a problem. Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted October 22, 2012 Report Share Posted October 22, 2012 I agree with Navy. If the deliveries are not completed, you could try to negotiate the deal he described. I do not think there would be an issue. Link to comment Share on other sites More sharing options...
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