I'm looking for a thorough perspective on the following scenario. I need the first 4 questions answered from a "Contractor's Perspective" followed by the final 4 questions answered from the "Government's Perspective".
So bottom line, if you were a Contractor how would you answer the first 4 questions and then, put yourself in the Government's shoes and how would you answer the same 4 questions if you were the Government?© BrainMass Inc. brainmass.com October 25, 2018, 12:47 am ad1c9bdddf
1. Client requires assistance in addressing biological and chemical terrorist threats to its mail facilities and services. Client has defined two broad tasks to be contracted out:
- Development of an emergency preparedness plan, to include procedures for threat detection, containment of hazardous substances, risk assessment, decontamination of equipment/facilities, protection/medical testing of personnel, communications, and mail handling procedures.
- Development of a training program (platform and online) for supervisors covering procedures for implementing the emergency preparedness plan.
2. Time is of the essence - client needs to award contracts as quickly as possible and work must be completed within 9 months of contract award, with interim deliverables due earlier.
3. This acquisition will be awarded on the basis of tradeoffs, although price may be a consideration. While the client is willing to pay premium prices because of the critical nature of the work, we believe that our strongest competitor may undercut prices in order to get the work. It is estimated that between $8M and $10M will be available for labor and specialized equipment.
4. Our prior assignments with this client, combined with our extensive biological/chemical warfare qualifications, put us in a strong position to win the work.
5. Client wishes a vehicle that can accommodate rapid order placement with limited competition - Company A and Company B appear to be significant competitors.
6. Substantial subcontracting and use of independent consultants will be required in specific technical areas, including hazardous materials containment and medical testing. A teaming arrangement with the research arm of a major state university would strengthen our team. We also may need the expertise of the UK-based research lab of a major pharmaceutical company. All professional staff will require security clearances.
7. Work will be performed in the metropolitan DC area with travel to other urban centers. The contractor will be required to provide decontamination equipment and other materials. Live agent hazardous materials will not be involved.
8. Risks from contractor failure to perform, or from errors or omissions in project deliverables, are very high. However, if we successfully complete the work, it is likely that other federal agencies would provide logical follow-on tasking for similar ...
This solution gives you a detailed discussion on Contracting Scenario
Breach of Contract Scenarios
You are the Chief Operating Officer of Littleco. Over lunch, the President of Bigco offers to sell Littleco a piece of fully depreciated manufacturing equipment you need for your production line for $1,000. You tell the President of Bigco that you will buy it, and you shake on it. The Bigco President later changes his mind and decides to keep the equipment. Littleco sues Bigco for breach of contract. Assume that the Uniform Commercial Code does not apply.
1. What remedies can Littleco seek against Bigco?
2. What defenses can Bigco assert?
Littleco sells widgets to Bigco that Bigco uses in its manufacturing process to make a final product, which Bigco sells to retail consumers. Bigco runs into financial difficulty, and Bigco stops making payments to Littleco. Because Bigco fails to make payments to Littleco, Littleco becomes insolvent and is forced to file a petition in bankruptcy. Littleco sues.
3. What remedies can Littleco seek against Bigco?
4. Littleco believes that Bigco should be punished for forcing Littleco into bankruptcy and demands punitive damages as well as payment of Littleco's costs and attorneys' fees related to both the lawsuit and the bankruptcy proceeding. Will Littleco be able to recover these damages? Why or why not?
5. Littleco wants to file for an injunction to prevent Bigco from selling products that include Littleco's widgets. Will the courts issue an injunction or restraining order? Why or why not?
Rural Hospital believes that it needs the services of a surgeon to serve its market. Rural Hospital invites the surgeon to come to its community for an interview. During the interview, the Hospital Administrator orally advises the surgeon that she believes that there are enough patients to create a successful surgery practice. Rural Hospital also offers to provide an eighteen-month income guarantee through which Rural Hospital will loan funds to the surgeon until the practice is successful, and the parties enter into a loan agreement and promissory note to memorialize the loan. The loan agreement provides that the loan will be forgiven if the surgeon remains in the community for four years. The surgeon and his family move 1,000 miles to relocate to the Rural Hospital community. However, the other physicians in the community decide that they do not like the surgeon, and the other physicians refer their patients to surgeons in urban medical centers. After six months, it is clear to the surgeon that he will be unable to develop a successful practice in the Rural Hospital community, and he is fortunate to be able to return to his old practice 1,000 miles away. Rural Hospital sues the surgeon for repayment of funds advanced under the loan agreement and promissory note.
6. What remedies will Rural Hospital seek from the surgeon?
7. What defenses could the surgeon raise?
8. What clause or clauses in the loan agreement should be reviewed by the parties to determine their respective rights and obligations?