Avoid Costly Legal Mistakes When Responding to the Agency’s Cure Notice. Issuing a cure notice can be viewed as the government’s decision that will ultimately lead to a default termination notice under the FAR. The first and best defense of a Cure Notice is not to receive one. When you receive a… 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 »
When the government terminates your company for default (otherwise known as termination for cause), understanding your rights and the contract termination process when you challenge a default notice can be crucial to your company’s future. Waiting until the government uses the contract termination clause to then react can put you… Read more »
Being in the unfortunate situation of being terminated from the 8(a) Program, you may still have various reasons to appeal the SBA decision. Understanding these reasons can impact your ability to continue getting the benefits of the Program. When Can the SBA Initiate Termination from the 8(a) Program? The SBA… Read more »
Avoid Costly Legal Mistakes When the CO terminates your contract for default. There are certain things to look for when you receive the notice of termination. The below information helps government contractors to make an informed decision on whether or not to appeal the decision. Both FAR terminations for default… Read more »
During a termination for default (also referred to as termination for cause) appeals case, contractors often find themselves facing harsh procedural court rulings that cause them to lose the case. As a party to the appeal, you must prove facts supporting any allegations that you make. Submission on the written record… Read more »
Contractor termination is common in federal government contracting. Whether the government’s decision is to terminate a contract for default or convenience, each type will make a huge difference as to your next steps. Not all government contractor terminations are as simple to challenge as most businesses may think. Evidence in… Read more »
In the recent case of SBA Size Appeal of Medical Comfort Systems, Inc., and B&B Medical Services, Inc., SBA No. SIZ-5640 (2015), OHA found that the Area Office correctly determined that common management and past affiliation between firms had ended well before the date for determining size and that identity of interest… Read more »
Government contractors may find themselves dealing with a wrongful termination of construction contract for default on a federal construction project. Although it is clear that something is wrong with the government’s termination action, many construction companies are not familiar enough with the underlying regulations that govern terminations for default. Therefore, the… Read more »