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Test the Bounds of Job Order Contracting?

Job Order Contracting

B291940 (October 26, 2020), 2nd District Court of Appeal, involved a JOC contract, a JOC contractor who charged rates higher than those specified in the unit price book, and the JOC contractor’s defenses against claims by the public entity that it had overcharged for its work. JOC Contract: Enforceable Contract or Mere Agreement to Negotiate.

Contract 130
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Recent Federal Circuit Decision Highlights the Limitations of Discussions

Federal Construction Contracting Blog

While a summary of the various protests filed by DynCorp could fill a book (rather than a blog post), the crux of DynCorp’s arguments focused on the nuances of “discussions” in the context of a negotiated procurement. Court of Federal Claims rejected those arguments, and the U.S.

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#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

Sometimes a nonpaying owner’s claim of breach by the general contractor as an excuse for withholding money is valid, sometimes it isn’t – but either way, the general contractor must decide whether to sue or settle with the owner. “Conditions in contracts are construed in accordance with their ordinary meaning.”

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Job Order Contracting Operations Manual

Job Order Contracting

The owner estimate or detailed analysis must be completed before receipt of the Contractor’s proposal and before negotiations take place. The owner estimate will be used to evaluate the reasonableness of the Contractor’s proposal and will serve as the owner’s pricing and quantity objective during negotiations.

Contract 100
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COVID-19 and Remobilization: Returning to the Construction Site Without Mandated COVID-19 Restrictions

Constructlaw

However, since these are not only intracompany concerns, it is critical to keep these issues in mind for current projects and when negotiating future contracts. The above points provide a small sample of the many potential areas you might want to consider in negotiating new contracts.

Site 52
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Job Order Contract Execution Guide – Sample Template

Job Order Contracting

These negotiations must precede the JO award/approval and are not allowed on a Change Order basis. 3) The Contractor will be required to stand behind his negotiated price quotation for a minimum period of 30 calendar days from the date of its acceptance by the ORGANIZATION NAME. The line item categories are: Taxes. Job Conditions.

Contract 100
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International Arbitration Experts Discuss The Impact On The Global Economy

Constructlaw

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. Mealey’s: What, if any, events had an impact on the global economy that have led to increased filings?

Claims 40