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The procurement regulations permit in cases of "extreme urgency" for a contracting authority to directly appoint a contractor to provide essential works, services and suppliers under the negotiated procedure without a call for competition. There have been many cases where extreme urgency has been argued, but to date none have been successful.
The petition cited specific conduct alleged to target the maritime, logistics, and shipbuilding sector, including “by directing mergers between favored state-owned companies, disapproving alliances by foreign competitors, denying berthing rights to foreign-owned ships, controlling freight rates and capacity allocations, supporting the development (..)
We’ve had negotiations with TRANSCOM to adjust for the inflation that’s occurred. But we also think that there is capacity out there that has never done business with the DoD, and that HomeSafe will be able to take advantage of this model and work within the parameters of the contract to get subcontractors lined up to execute this.”
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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