Essay Implications Of Christian From A Contractor 's Perspective
Because the Court of Claims ruled that there were certain clauses that are automatically assumed to be included in a contract (despite the clause being absent), the main risk that the Christian Doctrine poses is that contractors are unsure about the contract’s terms and conditions, presenting the risk that the doctrine will be inconsistently applied. Theoretically, however, the Christine Doctrine protects the contractor’s rights too. This paper will demonstrate how the Christian Doctrine creates frustrations in the procurement processes, results in an inconsistent application of the law, and protects the contractor.
Unclear Interpretation of Contract’s Terms and Conditions
Because the Christian Doctrine states that some clauses can be automatically incorporated by preexisting law, without being explicitly stated, this could undermine the entire deal because it inhibits the contractor’s ability to reference the contract since it is not clear what is “assumed” (Apfel and Specht 2011, 3). A government contract serves to outline the terms and conditions by which both the government and the contractor are supposed to abide. This ruling has the effect of convoluting the contracting process to the extent that the two parties have divergent ideas of what is “included” in the contract (Reid 2013, 2)
Unclear Standards for “Deeply Ingrained” Policies
Similarly, since the standard for “deeply ingrained” in public procurement…