The School Executive's Guide to Performance Contracting

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American Association of School Administrators, 1972 - Administration scolaire - 127 pages

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Page 22 - Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided...
Page 23 - Contractor shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather...
Page 23 - Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor.
Page 21 - The decision of the Secretary or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence.
Page 22 - ... agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability, or In Its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
Page 20 - The Government, through any authorized representatives, has the right, at all reasonable times, to Inspect, or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any Inspection, or evaluation Is made by the Government on the premises of the Contractor or a subcontractor, the Contractor shall provide and shall require...
Page 21 - Except with respect to defaults of subcontractors, the Contractor shall not be in default by reason of any failure in performance of this contract In accordance with its terms (including any failure by the Contractor to make progress in the prosecution of the work hereunder which endangers such performance) If such failure arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may Include, but are not restricted to: Acts...
Page 22 - ... quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the...
Page 20 - ... records") to the extent and in such detail as will properly reflect all net costs, direct and indirect, of labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this contract.
Page 20 - Government may undertake or award other contracts for additional work, and the Contractor shall fully cooperate with such other contractors and Government employees and carefully fit his own work to such additional work as may be directed by the Contracting Officer.

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