Georgia Tech Procurement Assistance Center

  • Home
  • About Us
  • Training
    • Class Registration
    • On-demand Training
    • GTPAC COVID-19 Resource Page
    • Cybersecurity
    • Veterans Verification Video
    • GTPAC Community
    • Other Training Audio & Video
  • Useful Links
  • Team Directory
    • Albany Counselor
    • Atlanta Counselors
    • Augusta Counselor
    • Carrollton Counselor
    • Columbus Counselor
    • Gainesville Counselor
    • Savannah Counselor
    • Warner Robins Counselor
  • Directions
    • Atlanta – Training Facility
    • Atlanta – Office
    • Albany
    • Augusta
    • Carrollton
    • Columbus
    • Gainesville
    • Savannah
    • Warner Robins
  • COVID-19
  • New Client Application
  • Contact Us

The ‘nudum pactum’ mistake

December 3, 2015 By Andrew Smith

One of the three basic requirements for a contract to be enforceable is consideration, which usually means a promise to pay money, but could mean that another valuable item would be provided instead (as in a trade, for example, of one valuable car for another valuable car).

Nudum PactumIn federal procurement contracts, the courts have said that to be a valid contract, the transaction “must show a mutual intent to contract including an offer, an acceptance and consideration.” If there’s no consideration, is it a contract?  The answer is simple: it’s a “nudum pactum” and there is no valid contract.

A nudum pactum is defined as a “bare agreement,” a promise or undertaking without any consideration for it. Where there is a nudum pactum, the contract is neither valid nor enforceable.

Keep reading this article at: http://federalnewsradio.com/commentary/2015/11/nudum-pactum-mistake/

Filed Under: Contracting Tips Tagged With: acceptance, Anti-Deficiency Act, consideration, contract formation, contract funding, funding, nudum pactum, offer

Federal government can revoke acceptance years later and demand replacement of work

September 17, 2015 By Andrew Smith

Many contractors mistakenly think that once the government accepts work and pays for it, that the work is, well, “accepted.”

The FARSome also believe that the one-year warranty provided in the Federal Acquisition Regulation (FAR) means that the contractor is in the clear after, well, one year.

Those contractors would be wrong.

In JJK Group Inc. v. VW International Inc., a federal court in Maryland recently ruled that the government could revoke its prior acceptance years later and require the contractor to replace an entire system because the system contained “latent defects.”   The court cited the FAR clauses which provide that the one-year warranty only applies to work that has been “accepted” and that acceptance may be revoked if the government later finds “latent defects.”

Keep reading this article at: http://www.jdsupra.com/legalnews/federal-government-can-revoke-12676

Filed Under: Contracting Tips Tagged With: acceptance, contract close out, FAR, latent defects, warranty

Recent Posts

  • Georgia Tech creates new Office of Corporate Engagement
  • Federal contractor indicted for stealing over $1.2 million from the U.S. Postal Service
  • SBA hosting “Contract Bonds and Surety Bond Guarantee” webinar April 20th
  • GSA hosting “Getting on the GSA Schedule” webinar April 13th
  • NIH hosting 2021 small business program conference April 26-30th

Popular Topics

8(a) abuse Army bid protest budget budget cuts certification construction contract awards contracting opportunities cybersecurity DoD DOJ False Claims Act FAR federal contracting federal contracts fraud GAO Georgia Tech government contracting government contract training government trends GSA GSA Schedule GTPAC HUBZone innovation IT Justice Dept. marketing NDAA OMB SBA SDVOSB set-aside small business small business goals spending subcontracting technology VA veteran owned business VOSB wosb

Contracting News

Federal contractor indicted for stealing over $1.2 million from the U.S. Postal Service

CMMC announces new advisory council to collect industry feedback

EEOC announces April 26 opening date for the collection of 2019 and 2020 EEO-1 component 1 data

Contractors line up to rebuild MARTA’s Five Points Station

GDOT announces $828.8 million in projects to transform Ga. 316

Read More

Contracting Tips

A whole new marketplace: GSA’s “commercial platforms” initiative

CRS Reports: Mentor-Protégé programs and small business size standards

CRS Report: Small businesses and COVID-19, relief and assistance resources

How do I find out what the government is buying?

Past performance isn’t always a required evaluation factor, says GAO

Read More

GTPAC News

SBA hosting “Contract Bonds and Surety Bond Guarantee” webinar April 20th

GSA hosting “Getting on the GSA Schedule” webinar April 13th

NIH hosting 2021 small business program conference April 26-30th

Defense Counterintelligence and Security Agency hosting industry day and matchmaking May 6th and 20th

Missile Defense Agency hosting virtual conference May 11-13th

Read More

Georgia Tech News

Georgia Tech creates new Office of Corporate Engagement

Delta Jacket wins 2021 Georgia Tech InVenture prize

Future of 5G is under the microscope at Georgia incubator

Collective worm and robot “blobs” protect individuals, swarm together

The Partnership for Inclusive Innovation is now accepting applications for pilot programs

Read More

  • SAM.gov registration is free, and help with SAM is free, too
APTAC RSS Twitter GTPAC - 30th Year of Service

Copyright © 2021 · Georgia Tech - Enterprise Innovation Institute