When faced with termination for default appeals, courts deciding government contract cases understand that a default termination is “a drastic sanction which should be imposed … only for good grounds and on solid evidence.” This was the decision on J.D.Hedin Construction Co. v. United States, 408 F.2d 424, 431 (Ct. Cl. 1969)…. Read more »
On the issue of continuing 8 (a) certification ans suspension due to business integrity issues, on August 14, 2013, the U.S. Small Business Administration (“SBA”) issued a Notice of Suspension to Wichita Tribal Enterprises, LLC (“WTE”). The SBA’s Notice of Suspension from the 8 (a) certification program said that WTE could… Read more »
After submitting your proposal, an exclusion from the competitive range determination letter from the agency creates significant amounts of stress and disappointment. Making sure that your bid is compliant and presents a competitive edge is essential to stand a chance of winning. What is the Competitive Range Determination? The competitive range determination… 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 »
Under what authority can the contracting officer terminate a contract for default or cause? When assessing costs associated with the Termination for Default Clause, you must first understand the government’s rights. Under government contracts law, if your contract contains the Default clause at 52.249-8, the Government has the right, subject to… 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 »
The Termination for Convenience Clause in a federal government contract gives the agency the unilateral right to give you an early termination notice if it is in the government’s “best interest.” Sometimes there are questions as to the government underlying reasons. Regardless of fault, the termination for convenience clause requires the government… Read more »
As CEO of the company, receiving the government’s contract termination letter is one of the sudden blows that you do not usually dream of seeing. Your anticipated profits and the future of your business are at risk. Whether the agency terminates for cause or convenience, developing an immediate response is critical…. 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 »
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… Read more »