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2023 Year in Review: Switzerland (Part I: Scope of Arbitration Clause, Capacity of Discernment, Res Iudicata)

Kluwer Arbitration

Part I focuses on the scope of arbitration clause and its validity in the context of a party’s (in)capacity of discernment, as well as on the new developments regarding res iudicata. The agreements were not drafted, negotiated, or signed by the father or his sons. Part II explores new case law on the enforcement of arbitral awards.

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To Succeed with Zero Trust & AI, Look to Cultural Change

FedInsider

In 2008, he separated from Active Duty to achieve his Doctorate in Health Sciences, but still serves in a reserve capacity today. His leadership experience includes building and managing globally dispersed organizations, delivering transformational change, and conducting complicated negotiations.

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Government Contracts Issues for a Recession

Procurement Notes

Idle Capacity). Idle capacity “means the unused capacity of partially used facilities. 135] Hence, generally, the cost recovery for idle or underutilized equipment follows the principles behind an idle facility and idle capacity. Which is to say, it provides both upward and downward adjustments.

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An In-Depth Examination of Inflation Relief for a Government Contractor

Procurement Notes

For contracts being developed or negotiated during this period of unusually high inflation, an EPA clause may be an appropriate tool to equitably balance the risk of inflation between the Government and contractor. Arguably, a negligent negotiations assertion does not alter the elements of a superior knowledge claim.

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Promote Innovation but Stay Between the Lines

Public Contracting Institute

These include: (1) negotiations only with the best suited offeror (i.e., Negotiating with the Apparent Successful Offeror The first bright-line violation concerns the way agencies interact with the best suited offeror. Agencies frequently ignore deficiencies and negotiate only with their preferred, but technically unacceptable offeror.

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The COVID-19 Vaccine Mandate Legal Donnybrook Has Arrived

Procurement Notes

United States, 2003 WL 22049528, at 9 (Fed. 2003) (“This court therefore concludes that the individual deviation sought and granted for contracts awarded pursuant to solicitation DLA600–93–R–0061 was invalid and illegal under the FAR.”). Moreover, a FAR Deviation is potentially subject to a legal challenge. See Calcasieu Refining Co.

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Real Discussion of the COVID-19 Vaccine Mandate for Contractors and Subcontractors

Procurement Notes

Administratively, where applicable, the procuring Agency can invoke its rights under FAR Clause 52.215-2 (Audit and Records-Negotiation) to inspect contractor records to verify compliance with the Vaccine Mandate (review payroll records, vaccine records, exemption records, etc.). exercises an option, or issues a new order? Still enforceable?