Re: [ga] legal document historical facts

["Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>]

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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A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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