Terminations & Appeals
Contract Terminations for Default and Convenience
The government always has the ability to terminate a contract early. The termination will either be for convenience or default (“for cause”). When a government agency terminates a contract for convenience, a contractor generally has a right to cost reimbursement.
Our government contracts attorneys help our clients prepare termination claims, negotiate a settlement with the responsible government agency, and prepare the claim for appeal where negotiations fail.
We are experts in contract terminations between the government and its contractors. When a contract needs to be terminated, several considerations and legal implications are involved.
How an FPG Government Contract Attorney Can Help
Our government contract attorneys have extensive experience preparing and filing appeals for contractors who have experienced termination for default or cause. Here’s how we can help:
Understanding contract terms: Government contracts are complex legal documents with specific terms and conditions governing the relationship between the parties. Our team thoroughly reviews the contract to understand the rights, responsibilities, and obligations of both the government agency and the contractor concerning termination.
Identifying termination clauses: Government contracts typically include specific clauses that outline the circumstances under which the contract can be terminated. Whether it’s termination for default or convenience, our attorneys can identify the appropriate termination clause based on the situation.
Assessing reasons for termination: Depending on the type of termination, the attorney will evaluate whether the termination is warranted and lawful. They will determine if the contractor has breached the contract, failed to meet performance standards, or if the government agency needs to terminate for its convenience.
Compliance with regulations: Government contracts are subject to numerous federal, state, and local regulations. A contract attorney can ensure the termination process complies with all applicable laws and regulations to avoid legal challenges or disputes.
Negotiating termination terms: In some cases, the termination process may involve negotiations between the government agency and the contractor. The attorney can represent their client’s interests during these negotiations to reach a fair and mutually agreeable resolution.
Mitigating damages: Terminating a government contract can impact both parties financially and operationally. The attorney can help assess potential damages, ensure compliance with damage limitations stated in the contract, and work to minimize losses for the client.
Resolving disputes: If disputes arise during the termination process, we can facilitate dispute resolution methods, such as mediation or arbitration, to avoid lengthy and costly court proceedings. If mediation or arbitration is unsuccessful, we can prepare a complaint to file before one of the Boards or the Court of Federal Claims.
Government Contract Attorneys You Can Trust
Our government contract attorneys are experts in navigating the complexities of contract termination for default or convenience. We work hard to safeguard the interests of our clients and ensure the law and contract terms carry out the process.
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Frequently Asked Questions
Government contracting refers to the process through which federal, state, or local government agencies purchase goods and services from private businesses or individuals to fulfill their operational needs and public services.
Government contracting is regulated by various laws and regulations, including the Federal Acquisition Regulation (FAR), agency-specific regulations, the Competition in Contracting Act (CICA), the False Claims Act, and various socio-economic programs.
The FAR is a set of rules and guidelines issued by the federal government that govern the acquisition process for all executive agencies. It covers various aspects of contracting, including procurement procedures, contract administration, and contractor responsibilities.
We assist clients by reviewing and understanding relevant regulations, ensuring they have appropriate policies and procedures in place, providing training on compliance, and conducting internal audits to identify and address potential issues.
A bid protest is a formal complaint filed by a bidder or offeror who believes that a government procurement process was conducted unfairly, improperly, or in violation of procurement laws and regulations.