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Authority to Add a Clause


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I tried to remove the tyranny of it all and give free will back.  I am open to suggestions for changes if they are explained well enough.  In explaining your change, please describe which of the 4 prongs (if protested) or 5 prongs (if subjected to a claim) of scope determinations you are concerned will fail in court.  See above for those.  If possible please also analogize to the widespread requirement of HSPD-12 badges and background investigations for installation access.

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 I clearly allowed for an adjustment to contract price and other terms.

Upon re-reading your post, yes; you did mention the equitable adjustment inherent in any mod executed under the changes clause- my mistake.  Something about that last sentence being set apart made me think you were on a separate point from the previous paragraph.

(FWIW, I didn't "twist your words", I quoted you verbatim.  What I did do was make a dumb assertion because I misread your post. My bad.)

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On 12/23/2021 at 10:26 AM, Vern Edwards said:

@REA'n MakerAssuming that the E.O. you referred to is 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, it expressly states that it is grounded on the president's authority under 40 U.S.C. § 101 et seq. and 3 U.S.C. § 3. Those are laws. No court has yet held that it is not properly grounded in those laws. The only court actions that I know of against it are preliminary injunctions pending a court decision. Why do you say it's legally questionable?

What are you talking about?

What I'm saying is the COVID mod authority is not based on a law passed by the Legislative branch.  I'm not saying that POTUS didn't have the authority to do it.

I can admit that there probably is not a meaningful difference between an EO and a law for purposes of the current discussion.

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