Author: Cheryl Adams, Esq. Let’s face it. It is a sad day for the contractor when the government must terminate for convenience an otherwise smoothly performing federal contract. A termination for convenience settlement payment is designed to make the terminated contractor whole. In the usual situation, a contractor should ask… Read more »
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 »
Choosing the right forum and framing your appeals case correctly can save you thousands in unnecessary litigation costs. 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 claims appeal cases against… Read more »
Federal government contract types come in various forms. One of the most complex types is the cost-reimbursement contract. Federal courts have imposed False Claims Act liability for underbidding in cost-reimbursable contracts. United States ex rel. Loughren v. Unum Group, 613 F.3d 300, 310 (1st Cir. 2010). This kind of arrangement is somewhat… 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 FAR 49.601). Responding to the contract termination letter and taking the next steps could be problematic if you do not understand the process and what standard the government must meet. By learning the rules,… Read more »
There are subtle differences between the government contract termination for convenience vs termination for default clause in federal government contracts decisions. Contractors who incorrectly respond to termination by default or cause quickly find the painful and subtle differences, especially at the appeals stage. The same is true when the… 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. This section deals primarily with when you receive a contract termination letter from the federal government. This can be for a termination for… Read more »
Many government contractors struggle to understand 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. Introduction The FAR termination for convenience clause is a crucial aspect… Read more »