Government Contracting Database
Exculpatory
Exculpatory
An “exculpatory” clause is one where the government seeks to clear, or absolve, itself of any fault or responsibility in connection with the matter addressed. For example, the government could seek to exculpate itself from responsibility for differing site conditions by providing that “despite the representations of subsurface materials in the boring logs, the government makes no representation as to the subsurface conditions bidders can expect to encounter.” Such an exculpatory provision, clearly contradicting the Differing Site Conditions clause, would undoubtedly not be followed by the Boards or by the United States Court of Federal Claims.
Updated: July 24, 2018
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