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RE: [ga] legal document historical facts


I'm not a government contract expert, but they sometimes, even often, play
by different rules.

In any case, there are many non-monetary things one can exchange.  I
contract with you for an hour of my labor in exchange for an hour of
yours.  Binding contract.  So money isn't everything.

In any case, 'binding'-ness is a red herring here, since that comes into
play only if a party breaches and the other seeks damages or other
remedies, which is not going to happen in this contract.

On Mon, 2 Apr 2001, Roeland Meyer wrote:

> Hello Michael,
> 
> I was under the impression that a contract had to be an exchange of fair
> valur for it to be binding. I $0.00 contract exchanges nothing.
> 
> > -----Original Message-----
> > From: Michael Froomkin - U.Miami School of Law
> > [mailto:froomkin@law.miami.edu]
> > Sent: Monday, April 02, 2001 6:20 PM
> > To: Eric Dierker
> > Cc: ga@dnso.org
> > Subject: Re: [ga] legal document historical facts
> > 
> > 
> > In the past, ICANN charged a fee of $0 for this service. (That's not a
> > typo: it is "zero dollars".)  The contract is, however, of enormous
> > signficance, as it is one of the three legs on which ICANN's 
> > power rests,
> > and also a portion of its claim to "government contractor" status (and
> > immunities).
> > 
> > I assume that ICANN again charged $0, making this one of the oddest
> > "procurment" contracts I ever heard of.  But I have not seen 
> > a copy of the
> > renewed agreement.
> > 
> > On Mon, 2 Apr 2001, Eric Dierker wrote:
> > 
> > > Contract Between ICANN and the United States
> > >  Government for Performance of the IANA Function
> > > 
> > > 5. ESTIMATED PURCHASE ORDER VALUE
> > > 
> > > At the time of purchase order award, the estimated value of this
> > > purchase order is under $10,000.
> > > 
> > > I am sure that this representation is appropriate. Could 
> > someone explain
> > > why.  I find it very difficult to believe that all the 
> > services listed
> > > in this Contract are only worth $10,000. I am also sure that it is
> > > classification threshold.
> > > 
> > > Just these salaries alone shed some light on actual value of the
> > > services;
> > > 
> > > 7. KEY PERSONNEL
> > > 
> > >      (a) The Contractor shall assign to this purchase order, the
> > > following key personnel:
> > > 
> > >           1. Michael M. Roberts
> > >           2. Louis Touton
> > >           3. Joyce K. Reynolds
> > >           4. Suzanne Woolf
> > > 
> > >     Here are some facts that indicate, that silly USG 
> > thinks they own
> > > the Internet, even though we all know they do not.
> > > 
> > >      (f) Termination for the Government's convenience. The 
> > Government
> > > reserves the right to terminate this contract, or any part hereof,
> > >      for its sole convenience. In the event of such termination, the
> > > Contractor shall immediately stop all work hereunder and shall
> > >      immediately cause any and all of its suppliers and 
> > subcontractors
> > > to cease work. Subject to the terms of this contract, the Contractor
> > >      shall be paid a percentage of the contract price reflecting the
> > > percentage of the work performed prior to the notice of termination,
> > >      plus reasonable charges that the Contractor can 
> > demonstrate to the
> > > satisfaction of the Government, using its standard record
> > >      keeping system, have resulted from the termination. 
> > The Contractor
> > > shall not be required to comply with the cost accounting
> > >      standards or contract cost principles for this purpose. This
> > > paragraph does not give the Government any right to audit the
> > >      Contractor's records. The Contractor shall not be paid 
> > for any work
> > > performed or costs incurred that reasonably could have been
> > >      avoided.
> > > 
> > > For you legal beagles, is Versign a subcontractor for these 
> > puposes?  If
> > > they are there are some serious issues.
> > > 
> > > As for Policy,
> > > 
> > >           -This purchase order, in itself, does not authorize the
> > > contractor to make substantive changes in established policy
> > >           associated with the performance of the IANA functions.
> > > Procedures for policy development will remain the subject of a
> > >           Joint Project Agreement (JPA) between DOC and 
> > ICANN. The JPA
> > > contemplates that the policy-development
> > >           procedures developed under the JPA may result in 
> > adoption of
> > > new or changed policies concerning Internet technical
> > >           management functions. To the extent those policies require
> > > alterations in the manner in which the IANA functions are
> > >           performed, those alterations may be implemented 
> > upon mutual
> > > agreement of the parties.
> > > 
> > > See I told you it is a lot more fun ignoring the facts.
> > > 
> > > Sincerely,
> > > 
> > > --
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> > > 
> > > 
> > 
> > -- 
> > 		Please visit http://www.icannwatch.org
> > A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
> > U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
> > +1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
> >                        -->It's warm here.<--
> > 
> > --
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> > Send mail to majordomo@dnso.org to unsubscribe
> > ("unsubscribe ga" in the body of the message).
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> > 
> 

-- 
		Please visit http://www.icannwatch.org
A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
                       -->It's warm here.<--

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