Because the FAR is the law, and government contractors are presumed to be familiar with the FAR, a mandatory clause that expresses a significant or deeply ingrained strand of public procurement policy will be incorporated into a Government contract by operation of law, even if the parties intentionally omitted it.
Christian and Associates to build 2,000 housing units for soldiers at Fort Polk, Louisiana, under the "Capehart Act".
Fort Polk was deactivated by the Department of the Army in 1958, and the $32.9 million construction contract was terminated by the Corps of Engineers on February 5, 1958.
The contractor responded to the cancellation by submitting claims for costs incurred, settlement expenses, and lost profits.
of the Army attempted to settle these claims in accordance with the standard “termination for convenience of the government” clause outlined in the Armed Services Procurement Regulations (ASPR).
Christian and Associates attempted to assign the entire contract to Zachry and Centex, two "highly competent construction companies with extensive experience in large scale-enterprises" but the Department of the Army took the position that a housing contract under the Capehart Act could not be assigned to another company.
In every other decision, the court or board either found that the doctrine of Christian did not mandate incorporation, or resolved the dispute.
Beginning in the early 1980s, the boards of contract appeals began to apply the doctrine of Christian with increasing frequency.
"[3][7] In 1993, a U.S. District Court of Appeal modified the doctrine of Christian, holding that it only "applies to mandatory contract clauses which express a significant or deeply-ingrained strand of public procurement policy.