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Olga

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  1. I am looking for some guidance on the best way to handle a situation of a client: a company is considering a sale of one of its subsidiaries which is implementing Government contracts. The process of finding a suitor, sale and subsequent novation of existing work is likely to take a year or more. To continue maximizing commercial value, the company obviously does not want to stop bidding on new work while this whole process is going through. Questions: 1. Does the company have the responsibility to disclose in its bids that it is in the process of sale to another contractor? 2. In orde
  2. The courts have ruled in two cases that if the Schedules specifies express allocation for costs and fees, the contractor would be held to those allocations. Textron Defense Systems v. Widnall, 143 F.3d 1465, 1469 (1998) But if the schedules does not specify express allocation by cost and fee and simply has one amount, the contractor can recover up to the total obligated amount for costs and is entitled to fee above the obligated amount. John J. McMullen Assocs., Inc., ASBCA No. 22450, 79-1 BCA 13,818 and Allied Signal Aerospace Co., ASBCA No. 46890, 95-1 BCA 27,462. So in this
  3. The Schedule Obligated Amount clause, simply refers to the obligated amount in accordance with the LOF clause. The LOF clause refers "The Schedule specifies the amount parentally available"... So if you go to the Schedule, the only place where it is specified is Cost, Fee and Obligation Clause, that says what it says "funding is available for costs (and fee of any". It is at odds with the LOF clause itself, which says the obligation is for costs and not fee. No deviation approved. Since the obligation specified in the schedule does not have separate amounts for costs and fee, I am
  4. The question is does the funded value cover only costs or costs AND earned fee? The LOF clause 52.232-22 states at (b) The Schedule specifies the amount presently available for payment by the Government and allotted to this contract, the items covered, the Government’s share of the cost if this is a cost-sharing contract, and the period of performance it is estimated the allotted amount will cover. The parties contemplate that the Government will allot additional funds incrementally to the contract up to the full estimated cost to the Government specified in the Schedule, exclusive of a
  5. I would like some help with the probable outcome for this question. A CPFF term contract for $60MIL incrementally funded. The Government funds only $30MIL and extends the contract twice to continue performance, but still does not reach the full obligation. Now the contract is ending and no more funding will be obligated. The Schedule Obligated Amount clause says that the funds are allotted for "allowable costs (and fee if any)" (emphasis added). The contract includes the LOF clause 52.232.22. The Contractor realizes it has made an accrual mistake in the accruals of incurred costs
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