[CWG-Stewardship] Do we really need a Contracting Co.?

[Greg Shatan]

Milton,

I think this is actually a drafting issue, not a substance issue.  There
are definitely fixed, recurring intervals at which time the contract would
expire AND the possibility of termination for breach at any time.  We
should be able to clear this up in the document, so that our intent is
clarified.  (I have seen lengthy articles written about the use of "or" in
agreements, which boil down to discussions of when and if "or" means "and"
under certain circumstances.  Agreement drafters hate "and/or" for some
reason.)

The length of those intervals, and whether there would be intermediate
"options" for Contract Co. to extend the agreement within those intervals,
is still under discussion.  (Current IANA Contract is 3+2+2 (3 year initial
term, and 2 2 year options, exercisable by Contract Co.).)  Also under
discussion is whether an RFP for a new Contract is mandatory every time or
is a decision to be made by the MRT at the time.  A further nuance is
whether an RFP should be required upon termination for breach but not for
expiration or vice versa -- I don think this has been discussed yet, but as
we drill down, we'll hit this issue.

Greg

On Mon, Dec 1, 2014 at 11:53 AM, Milton L Mueller <mueller at syr.edu> wrote:

>  But still, I don’t like the “or” in there. I thought the preponderance
> of opinion was very much in favor of fixed, recurring intervals and not
> only in the case of disastrous “performance deficiencies.”
>
> --MM
>
> *From:* cwg-stewardship-bounces at icann.org [mailto:
> cwg-stewardship-bounces at icann.org] *On Behalf Of *
>
> on rereading the 1.6 version I see a function of the MRT (was PRT).
>
>
>   o   Managing a rebidding process in the case of performance
> deficiencies or at regular rebidding intervals;
>
>
> this comes real close to what I mean by Periodic RFPs.  Was looking too
> narrowly for identical text instead of reading what was actually there.
>
> I think it is necessary and I am glad to see this there.
>
> apologies.
>
> avri
>
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