Anticipatory Cost Agreement

If these pre-contractual costs were borne by the contractor « directly in the context of the contractual negotiations » and if these preliminary costs were borne by the contractor « in anticipation of the award of the contract » and if these pre-contracted costs were borne by the contractor, « if such a situation was necessary to comply with the proposed supply plan », pre-contract fees are due. Immediately, pre-contracted costs are clearly defined as all costs incurred by the contractor « before the effective date of the contract ». The period. The work, the materials, the subcontracting costs, the pre-production costs — whatever. All costs incurred prior to the effective date of the contract (which may differ from the date on which the contract was performed) are pre-contracted costs.

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