Set Aside Of Contract Meaning

State:
Multi-State
Control #:
US-01704BG
Format:
Word; 
Rich Text
Instant download

Description

In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:


the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;
2. the presence of material issues of fact;
3. the presence of a meritorious defense to the claim;
4. the significance of the interests at stake, including, but not limited to, the amount of money involved;
5. whether the failure to answer was intentional or willful or the result of conscious indifference;
6. whether party or counsel bears responsibility for default; and the availability of less drastic sanctions.

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FAQ

Set-aside contracts for small businesses To help provide a level playing field for small businesses, the government limits competition for certain contracts to small businesses. Those contracts are called ?small business set-asides,? and they help small businesses compete for and win federal contracts.

A small business set-aside may be open to all small businesses. A small business set-aside of a single acquisition or a class of acquisitions may be total or partial. Your set-aside code helps identify special traits your business has to the government.

(a) (1) The purpose of small business set-asides is to award certain acquisitions exclusively to small business concerns. A "set-aside for small business" is the limiting of an acquisition exclusively for participation by small business concerns.

The contracting officer shall set aside any acquisition over the simplified acquisition threshold for small business participation when there is a reasonable expectation that- (1) Offers will be obtained from at least two responsible small business concerns; and. (2) Award will be made at fair market prices.

If one party has a greater bargaining power or power base and use that greater power to pressure the other party into entering the contract, it may be set aside due to undue influence. Usually, undue influence can be established if the weaker party was being over borne by the conduct of the stronger party.

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Set Aside Of Contract Meaning