• The application of the Treaty would be contrary to public policy. 3. The loss of utility value of a terminated contract shall be limited to that part of the acquisition cost which is in the same proportion of the total acquisition cost as the terminated part of the contract for the entire terminated contract and other public contracts for which the special tools or special machinery and equipment were purchased. (i) Premiums are paid or accrued pursuant to a bona fide agreement between the Contractor and the employees prior to the provision of the Services or in accordance with an established plan or policy followed by the Contractor to involve an agreement to pay this amount; And you could argue that the other party has waived the right to sue you for breach of contract. The knowingly waiver of rights is sometimes referred to as a “waiver.” For example, imagine you`re a baker and the other party ordered a huge chocolate cake for 60 people, but when you went to the supply room, you saw that you didn`t have enough chocolate for the whole cake, but only for the icing. They called the other party, told them about the problem, and they said, “Mmm. Sounds good. So they made a vanilla cake with chocolate icing instead. She picks up the cake, pays it and calls you a month later to ask her to pay it back. You could argue that she waived her right to sue you for not providing a chocolate cake because she approved (and ate!) the vanilla cake over the phone. (3) Costs incurred in defending against civil or criminal fraud or similar proceedings (including the filing of false certificates) commenced by the United States if the Contractor is found liable or has accused a competitor of fraud or similar proceedings (including the presentation of a false certificate). (2) For the purposes of this section, “construction machinery” means equipment (including marine equipment) in good working order that is owned or controlled by the contractor or subcontractor at each level or that is derived from a commercial rental source and that is made available for use in public contracts. (B) The contractor`s calculated (but unproductive) labour costs would be excessive if the services were not available. (e) Good interests of government.
The laws cited in Article 32.201 do not authorize government funding of contracts unless it is in the best interests of the United States. Organizations may set standards to determine whether contract funding is in the best interests of the government. These standards may apply to certain types of procurement, certain types of items, or certain levels of dollar procurement. (5) If an unusual prepayment rate is approved for a subcontract (see 32.504(c) and 32.501-2), amend paragraph (j)(6) of the clause to specify the new tariff, the name of the subcontractor and the rate for that subcontractor instead of the usual rate. 2. In the reporting and access to records subconditions, the Contractor must not remove references to “contracting officer” and “government” when amending paragraph (g) of the Contract Progress Payment Clause, but may extend the terms as follows: (1) Rental costs under a sale-leaseback agreement are permitted only up to the amount that would be permitted if the contractor retained the ownership: calculated on the basis of the net book value of the asset at the date the contractor becomes a lessee of the property, adjusted for a gain or loss recognised in accordance with 31.205-16(b); and There are several common remedies for breach of contract. The appropriate remedy depends on the terms of the contract, the nature of the breach and the particular circumstances of the case. For example, a painter and a restorer may agree that the painter will paint the restaurant in the next 6 months, but they do not agree on a price. In this case, an essential element of the contract – payment – is missing. If the conservator tries to sue the painter for breach of contract, he may argue that the contract was too open to be enforceable. Cost target means (other than paragraph 31.6) a function, organizational division, contract or other work unit for which cost data is requested and for which arrangements are made to accumulate and measure the costs of processes, products, work centres, capitalized projects, etc. (iii) if it becomes necessary to exercise authority to apply the higher actual expenditure method repeatedly; or permanent in a given field; The contractor must first obtain the client`s consent.
(2) Following compliance with the contractor`s specific written instructions. (c) Where the contractor has several large national defence contracts, it is normally not necessary to assess the eligibility of relatively small contracts. Eligibility should be determined without delay on the basis of the preponderance of the contract amount. (a) Common Purposes. The cost of items that can reasonably be used for other work of the Contractor is not refundable unless the Contractor proves that the Items could not be kept at cost without incurring a loss. The procuring entity should take into account the contractor`s plans and orders for current and planned production when determining whether the items can reasonably be used for other work of the contractor. The simultaneous purchase of common items by the contractor shall be considered proof that these items are reasonably usable for other work of the contractor. Any acceptance of common goods attributable to the terminated part of the contract should be limited to the extent that the quantities of such items in stock, en route and ordered exceed the reasonable quantitative requirements of the other work.
(1) inform the contractor in writing of the action proposed by the coordinator and of the reasons justifying it (the notification must be sufficiently precise to enable the contractor to obtain and provide evidence of the above reasons); and (a) The Treasury imposes rules and instructions on the use of letters of credit for advance payments under contracts. See Treasury Department Circular 1075 (31 CFR Part 205) and Treasury Financial Manual implementation instructions, available at offices that provide financial advice and assistance.