A contract, is a contract, is a contract. That being said, my experience indicates to me that the problem may be a correct dictionary accompanied with the utilization of the incorrect vocabulary. My tenure in the federal government was just shy of 10 years and the improper use of contracting terminology runs rampant. Now, please don’t stop reading. It may not be an insult on the intelligence of the vendor. It may be because a vendor has multiple contracts with multiple agencies. It also may be because the assigned Contracting Officer has changed over the years. The government will notify employees of any natural change in its standard vocabulary usage through the Federal Acquisition Regulations (FAR).
The aim of the government is for a smooth business transaction to occur upon a contract in which all parties utilize proper planning, correct competencies and direct deliverables.
None of which can occur without proper definitions.
Common Contract Language
Contract-A legally enforceable agreement for the sale, purchase or lease of products, goods, supplies or services or the construction, repair or alteration of property. The agreement is either an exchange of promises to act in a certain way or not act in such a way (bilateral contract) or an exchange of an act for a promise (unilateral contract). The agreement must consist of national laws, codes, and treaties. Contracts include acquisitions, procurements, subcontracts, purchases, orders, grants and leases.
Contract Management-The actions of a Contract Manager to develop solicitations, develop offers, form contracts, perform contracts and close contracts.
Contract Manager-The authorized representative or agent for a contracting party. Such can also be known as a Contract Specialist, Contracting Officer or Senior Contract Specialist who possesses the appropriate warrant level to bind the United States of America to a binding agreement with a vendor representative who is sometimes by referenced as the project’s point of contact.
Contract Performance-The execution of the terms of a contract.
Customer-The recipient of goods or services delivered by a contract. This can also be referred to as a vendor.
I will never give you a pop quiz but I would encourage you to either keep these terms in an easily accessible place or memorize them when you’re dealing with the federal government. I can share from experience that each CO reaches a point every single day when they operate on auto pilot and regurgitate these terms in their definitions from a cloudy haze of paperwork and data analysis. Sometimes, it seems as though it is the upteenth time they are having such a conversation and may speak a bit faster than normal to ease the monotony of said regurgitation. Knowing and understanding these terms will allow your conversations to go smoothly with the federal government during the phases of proposal, negotiation and performance of a standard agreement.
To be perfectly honest, incorrect usage of proper vocabulary was my biggest pet peeve in arranging business agreements for the federal government. This is because it was just one more thing that I had to explain. I was and still am under the impression that any time a CO had to explain anything to the vendor community was the fault of the government.
Perhaps you’d rather talk to me about it.
If you think I can help then email nicholas.s.robertson@outlook.com for your introductory email and free consultation.
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