The Christian Doctrine
Did you know there is a remedy to errors and omissions in government contracts?
The Christian Doctrine
G.L. Christian and Associates v. United States is a 1963 United States Federal Acquisition Regulation (FAR) court case which has become known as the Christian Doctrine. Itis recognized historically and reaffirmed in more recent years, to remedy errors and/or omissions in contracts. The premise of G.L. Christian is for federal contracts governed by the FAR, clauses that are mandatory or relevant as a public standard of procurement policy apply whether or not they are expressly stated in the contract – unless a proper FAR Deviation has been obtained. This prevents procurement policies set by higher authorities from being avoided or evaded (deliberately or negligently) by lower government officials.
While the government can be diligent in ensuring all relevant clauses to any specific contract are included and the contractor can review with a keen eye, sometimes things are missed. In G.L. Christian and Associates v. United States, the termination for convenience clause for a construction contract was omitted from the contract but the courts held that it applied since the procurement regulations required its inclusion. The Christian Doctrine provides legal protections and assurances that clause(s) absent from the contract but legally required are de facto automatically included.?
Christian is useful in enforcing mandatory, yet omitted clauses; however, its coverage does have a limit.?One test to know if the Doctrine applies is to ask “Are we talking about fundamental procurement law?” If so, the Doctrine has you covered. If not, you might be in trouble!?
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In the summary, the Christian Doctrine is a helpful tool for contracting officers, but it does not replace diligent contract drafting and review.
Supplemental Reading
G.L. Christian and Associates v. United States: https://law.justia.com/cases/federal/appellate-courts/F2/312/418/53812/
GAO Case where the Doctrine did not apply: https://www.gao.gov/products/b-412277%2Cb-412277.2%2Cb-412277.3