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Legal Definitions - public contract
Definition of public contract
A public contract is a legally binding agreement where at least one of the parties is a government entity, such as a federal agency, state government, or local municipality. These contracts are typically formed for a public purpose, involving the government's procurement of goods, services, or construction from private companies or individuals to fulfill its functions and serve the public interest. Public contracts are often subject to specific laws and regulations concerning bidding processes, transparency, and oversight, which distinguish them from contracts between private parties.
Here are some examples to illustrate the concept of a public contract:
Example 1: Infrastructure Development
The County of Green Valley issues a formal request for proposals to construct a new bridge connecting two communities. After a competitive bidding process, the county awards the contract to "Riverbend Engineering & Construction." This agreement outlines the project scope, timeline, budget, and quality standards for the bridge's construction.
This is a public contract because the County of Green Valley, a local government entity, is entering into a legally binding agreement with a private company. The purpose of building a new bridge is to improve public infrastructure and serve the transportation needs of the community, clearly demonstrating a public purpose.
Example 2: Public Services Procurement
The Department of Motor Vehicles (DMV) for the State of Nevada contracts with "SecurePrint Solutions" to design, print, and distribute new, more secure driver's licenses and state identification cards for all eligible residents over a five-year period.
This example illustrates a public contract because the State of Nevada's DMV, a state government agency, is engaging SecurePrint Solutions for a specific service. The production and distribution of official identification documents are essential public services, fulfilling a governmental function for the benefit of its citizens.
Example 3: Federal Research and Development
The U.S. Department of Defense awards a contract to "Advanced Robotics Corp." to develop and test new autonomous drone technology for reconnaissance missions. The contract specifies research milestones, performance requirements, and intellectual property rights.
This is a public contract because the U.S. Department of Defense, a federal government entity, is contracting with Advanced Robotics Corp. The development of technology for national security purposes serves a clear public interest, and the agreement outlines the terms under which this research and development will be conducted.
Simple Definition
A public contract is a legally binding agreement where one of the parties is a government entity, such as a federal, state, or local agency. These contracts are typically for the procurement of goods, services, or public works and are subject to specific laws and regulations governing their formation and execution.