How Appeal Courts Look at Contract Termination for Default Cases

When a federal government agency terminates your contract for default (T4D), the next steps and whether you have a good chance of appealing the contracting officer’s final decision can be challenging.  Although the decision has been made to terminate the contract for default, knowing how the appeal courts look at… Read more »

Breach of the Implied Covenant of Good Faith and Fair Dealing

Avoid Landmines When Asserting Breach of Good Faith Contracts Government contractors often struggle with the next steps when the agency does act fairly in providing accurate CPARS ratings. The government sometimes refers to the expressed contract clauses during litigation in order to eliminate any other contract remedies to businesses that… Read more »

Contract Termination for Failure to Make Progress

The federal government’s termination for default for failure to make progress can occur when you fail to make satisfactory progress  toward completion of contract performance.  For commercial item government contracts , the  government should be allowed to demand adequate assurances that you will meet the contract terms. You must respond… Read more »

When is Termination for Default Converted to Termination for Convenience?

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 »

Responding to Government Default Contract Termination Letter

When your contract is terminated for default, the agency must issue a contract default letter. (see 49.601). Responding to the contract termination 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 »