Tenacity and Perseverance Responsibility Determinations Require Due Process Under DAR 1-600

Article Abstract:

Related Industries Incorporated had the low bid for one hundred and fifty thousand sleeping bags with the Defense Personnel Support Center (DPSC). Even though Related bid lowest, objection was raised due to that firms relation to an unreliable contractor. The Small Business Administration (SBA) was then required to issue a Certificate of Competency (COC) if possible, to secure Related's bid. The SBA viewed Related as a vehicle established to bypass the procurement process. Related then sought injunctive declaratory relief based on their low bidder position. The court found that the SBA had been negligent in assembling evidence and unfairly denied a rating of decent performance to Related.

Performance, Laws, regulations and rules, Administrative agencies, Government agencies

---

Damages for Unconscionable Contracts Must Be Based on Proof of Factual Mistake

Article Abstract:

The appeal of Hamilton Enterprises Incorporated is analyzed. It involved an inadequate government statement of bid verification solicitation. The government neglected to inform the bidder of its own data involving mess hall attendants' hours. A later court judgement reversed the awards originally given to the firm because of a finding of mistaken judgement on the part of Hamilton's director which is not compensable in damages. Both the navy and the contractor failed to collect any damages.

National government, Military aspects, Disclosure statements (Accounting), Federal government

---

A New Departure in Overhead Cost Recovery for Delay

Article Abstract:

The recent court decisions usher in a new direction in the recovery of fixed overhead in periods of delay. Extended performance periods precluded additional new revenue since no new costs had been incurred. When a suspension of work results in underabsorption of overhead, the amount of underabsorption must be established. All parties suffering from delay should study the cases cited here.

Construction, Finance, Building, Cost (Economics), Costs (Economics)

Similar abstracts:

• Abstracts: Joint and several liability. Pass the portal. My life as a client: All domestic clients want is a quality mark, a simple domestic contract and 5% VAT on repair and maintenance
• Abstracts: High performance specs needed. Mule-Hide Products Company. Suppliers struggle with price increases
• Abstracts: Expert determination. Did we have a deal? Rough and tumble
• Abstracts: The end of the roads. Transport: We're getting there. Building intelligence
• Abstracts: Cool alternatives to hot roofing. Consolidation: a view from the inside. Roofing contractors diversify

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.