RE: [ga] legal document historical facts

[Roeland Meyer <rmeyer@mhsc.com>]

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
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