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Serious Irregularity The leading authority on Section 68 challenges is RAV Bahamas Ltd and another v Therapy Beach Club Inc [2021] UKPC 8 , which prescribes that intervention should be limited to ‘extreme’ cases and that the test of serious irregularity imposes a ‘high threshold’.
The Cost Principles also apply to the determination, negotiation, and allowance of costs whenever required by a contract clause. [6] Documenting the negotiation process and rationale are critical for such transactions. 2002); see also Stanford Univ. Limitations in FAR Subpart 31.2 19] KBR Servs., 57530, 19-1 BCA ¶ 37,205. [20]
To be at the 100-employee threshold, the employer must be a “business enterprise that employs— (i) 100 or more employees, excluding part-time employees; or (ii) 100 or more employees, including part-time employees, who in the aggregate work at least 4,000 hours per week, exclusive of hours of overtime.” [57] 122] See P.R. Burke Corp.
18] And, for DoD, Defense Federal Acquisition Regulation Supplement (“DFARS”) 216.203-4 limits the use of the FAR EPA clauses to DoD contracts that exceed the simplified acquisition threshold (presently $250,000 with exceptions), and performance is longer than six months. [19] 91, 94 (2002) (price increase is not an out-of-scope mod.
There is no exception for contracts below the simplified acquisition threshold, for commercial products and services, or for commercially available off-the-shelf (COTS) products. A JV agreement must also identify the responsibilities of the parties with respect to negotiation of the contract, source of labor and contract performance. [4]
The SGCA clarified that the threshold for identifying vexatious or oppressive conduct is a high one. Significantly, the SGCA declined to adopt the sufficient interest test, as suggested by Lord Scott in obiter in the House of Lords decision of Donohue v Armco Inc and others [2002] 1 All ER 749.
57] Therefore, unless an in-place collective bargaining agreement already grants to the employer the unilateral right to impose a vaccination requirement, the NLRA generally requires that a union is given notice of any proposed changes, and an opportunity to negotiate. FAR § 1.501–2(b) (2002) (emphasis added); Pls.’ ’ App.
The four priorities of the BCI include: Leveraging Data Across Federal Agencies to Get Lower Prices and Better Terms; Negotiating Common Enterprise-Wide Software Licenses; Saving Money and Avoiding Waste by Getting Contract Requirements Right the First Time; and Getting Better Value from Sole Source and Other High-Risk Contracts.
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