When the government issues a termination of contract for default for default, preserving your rights to appeal is one of the first things that a federal contractor must consider. What are your options? If you want to termination of contract decision to be completely overturned, you may want to ask… Read more »

When a contracting officer denies a claim under the Contract Disputes Act, filing an appeal to the Civilian Board of Contract Appeals (CBCA) would be the next step. Not all contract claims against the federal government are filed at the civilian board. Therefore, government contractors must be careful choosing the forum… Read more »

Federal government contract vehicles come in various forms. One of the most complex types is the cost-reimbursement contract. This kind of arrangement is somewhat different than the standard firm-fixed-price contract where bidders offer a flat price for their product of service. A cost reimbursement contract, on the other hand, occurs when… Read more »

The Default clause in government contracting states if a court finds the government’s actions are improper, a termination for default is converted to termination for convenience.  If the government and the contractor cannot reach a settlement agreements, the contracting officer will issue a decision determining the settlement based on “the… Read more »

When your contract is terminated for default, the agency must issue a contract termination letter. (see 49.601). Responding to the termination of contract letter and taking the next steps could be problematic if you do not understand the process. Failure to give written notice could create substantive right violations and potentially due… Read more »

There are subtle differences between the government’s termination for convenience  (T4C) and FAR termination for default clause (sometimes referred to a FAR termination for cause) decisions. In each situation, the government’s interest is different. In a termination for convenience, the government wants to terminate the government regardless of fault, and when… Read more »

Oftentimes, a  government contracts construction claims appeal is dismissed on appeal for lack of jurisdiction by the court. This can cost you a substantial amount of litigation fees only to find out that your case is dismissed on a technicality. To avoid such a peril, your must understand the basics when it… Read more »

Drafting a contract termination letter starts with the basis for the termination and making sure that the underlying reason for the letter does not breach the contract. The decision to terminate a contract can arise from several situations that include: employment terminations, breach of contract situations, terminating services, construction performance… Read more »

Many government contractors struggle in understanding their rights when the agency imposes a notice of termination for convenience or termination for default under the FAR. There are a myriad of situations that could amplify a contractor’s rights or, conversely, minimize them. The FAR Termination for Convenience Clause gives the government a unilateral right to issue… Read more »

When it comes to terminations for convenience in federal government contracting, the staggering statistics of cases filed at the Court of Federal Claims (COFC) should make contractors aware that the government does in fact deny claims in your final settlement proposal.  Termination for convenience settlement costs become huge disputes primarily because… Read more »