Selected Legal Tools for Maintaining Government Contractor Accountability

Source: David H. Carpenter, Kathleen Ann Ruane, Congressional Research Service, CRS Report, R45322, September 26, 2018

This report analyzes a selection of the legal tools a procuring agency may use to hold contractors accountable. The report first assesses contractual remedies that procuring agencies could utilize to ensure full and satisfactory performance of existing contracts. Next, the report discusses performance-related contract source selection criteria that agencies may, and often must, utilize when evaluating new contract bid proposals. The report ends with a discussion of other legal tools — outside of contract law and the contract selection processes — that the government may employ to hold a contractor accountable. ….

Topics include:
Corrective Actions
Incentive Fees
Performance and Payment Surety Bonds
Liquidated Damages
Contract Termination for Default
Contractor Performance Evaluations
Suspension and Debarment
Civil Fraud Enforcement