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LATEST FROM THE IACCM NETWORK

Precedence of Contract documents

Can anyone confirm if the order of precedence stated below is correct Letter of Acceptance Tender Particular condition of Contract General Condition of Contract Specifications Drawings Priced Bill of quantities Other relevant documents or reference material forming part of the contract

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Government vs Private Contracting - Training

I am a commercial pilot with a Bachelors Degree in Aviation that decided not to fly, but rather work on the business/office side of aviation. Therefore, I tend to think like a pilot. In flying, when something changes, such as an avionics suite, you attend a "differences" training course. I bring this up because I am having a difficult time finding training that would meet my needs. I currently negotiate the sale of multi-million dollar executive jets and spend a majority of my time in the private sector. That said, a few times per year I am faced with responding to a government related RFP (be it in the USA or other nation). I am very comfortable dealing with corporations, high net worth individuals, etc, however I recognize that I lack experience when it comes to government contracting. Can anyone recommend a course, online or otherwise, that could help me further understand government related contracting? I've found courses/classes on Google, however it is hard to tell what would be valuable and what would be a waste of time & money. Any recommendations would be appreciated. Thank you, Jon

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BID BOND (TENDER BOND) BEST PRACTICE

Bid Bond (Tender Bond) submission is one of the main requirements for most types of tenders, to assure the real interest of the bidders to participate on that bid. We seek to get the best practice and to share your experience for the below aspects related to the Bid Bond: - Amount of the Bid Bond (%)(For Turnkey projects also, for frame , unit rate scope ) - Time of verifying the Bid Bond, (With technical opening or with Commercial opening or when?) - How do you think about fixing a certain exact amount of BB for each Project; regardless of the bidders offers value. - Regarding the time of releasing the Bid Bonds for the winning bidders(After signing LOI/LOA/ Contract, after getting the Performance Bond, after expiry of the Contract, or When?) - Best practice for BB validity(6 month, 1 year, or open renewable).

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Contracting for Agile template

Hi all, I am looking for few templates where IT delivery is done using Agile methodology. Do you have something which is shareable?

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Cloud Contracting

I am interested in perspectives on various issues and contracting approaches for the use of cloud services, particularly from niche providers who may, in-turn, actually have their applications hosted on a third-party provider like Microsoft, Amazon, Rackspace, etc. I'm looking for perspectives on the entire gambit of issues, including - protection measures used for data at-rest and in-transit; protection of video and images; right of return of all data upon request of customer; obligations of the supplier to delete data when no longer needed (either during the course of performing the services or upon termination of the services and return of the data to the customer); background checks on employees who may have access to the data; monitoring of access by all supplier personnel; business terms like fluctuations in the use of the service (bandwidth, storage space, processing capabilities); right to move the data to different locations in the same country; right to move data to a different country for processing and/or storage; obligations to notify in the case of suspected or actual breach/compromise of data.

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Vienna convention on sales of good exclusion

Hi Everyone. Does any one know why we often exclude the United Nations Convention for the International sale of goods from the applicable law in the sales contracts? Thanks for your knowlegde sharing.

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OSS embedded within a commercial product

Please can anyone give me advice on how best to approach drafting a Software Licensing Agreement where the software has embedded Open Source Software. Particularly clarifying if my commercial product (with the embedded OSS)is considered a derivative of the OSS. Thank you.

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Limitation of Liability

I was recently having coffee with four other individuals involved in contracting for IT Professional Services. During the course of conversation one of the participants suggested that rather than having unlimited direct liability for certain aspects (breach of confidentiality, indemnification of third-party claims, gross negligence and willful misconduct) that EVERYTHING be limited to the extent permitted by law -- but then increase the limitation to a number that would cover the majority of potential issues ($5,000,000 USD was a suggestion). When questioned, the participant stated that when it comes to contracting parties where one has "deep pockets" and the other does not, having the unlimited liability may sound nice on paper, but in reality it is a one-way protection that benefits the party that does not have deep pockets. Effectively, if the party that does not have deep pocket had a very large claim against them, they could declare bankruptcy and later reorganize as a different business concern - while the deep pocket party with the same claim would be obligated to pay. Their perspective was in essence: No consequential damages; limit all direct damages to a pre-defined/agreed amount ($5,000,000 or amount that will cover 90%-95% of historic claims in the industry); and include indemnification from third-party claims in the cap. Thoughts?

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