If one starts with the assumption that, in the absence of…
“If one starts with the assumption that, in the absence of specific Congressional authority, a fixed rule of law precludes contracting officers from providing in a Government contract terms reasonably calculated to assure its performance even though there be no money loss through a particular default, there is no problem. But answers are not obtained by putting the wrong question and thereby begging the real one.”
About This Quote
This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.
Legal analysis: without explicit authority, strict rules may block flexible contract terms, but asking the right question reveals solutions.
In simple terms: Strict rules can limit flexibility; ask proper questions.
Key Takeaway
Clarify authority to allow performance‑focused contracts.
Themes
law
contracting
government
policy
Mood
analytical
critical
Type
legal
policy
When to use this quote
- government procurement
- legal drafting
- policy reform
- risk management
- contract negotiation
Key Concepts
administrative law
contract theory
policy analysis
Questions to Reflect On
- What authority is needed for flexibility?
- How to balance rule certainty with performance needs?
A Different Perspective
Legal frameworks can be rigid and slow to adapt.