Termination of Federal Government Contracts Before Fully Performed (OnDemand Webinar)

$199.00

SKU: 406397EAU

Description

Learn how to be prepared for, and how to make the best out of, the termination of a federal government contract.Failing to know how to effect, or respond to, a termination of a federal government contract before performance is complete can have serious adverse impacts on all parties involved. Like commercial contracts, federal government contracts can be terminated for default or for cause for the limited reasons stated in the default clause contained in the contract. Unlike commercial contracts, a termination clause will be read into, every federal prime contract even if the parties failed to include a termination clause in the prime federal government contract by accident, or on purpose (including by negotiation). In addition, unique to federal government contracting is the government’s unilateral right to terminate a federal prime contract in whole, or in part, for the convenience of the government. Many federal and private contractor procurement professionals are not familiar with the very specific, limited grounds for a default termination the seven factors that must be considered before a federal prime contract can be terminated for default the necessary notice requirements and cure opportunities effective contractor defenses against a default termination or the consequences of an improper default termination. Similarly, often federal and private contractor procurement professionals are not familiar with the bases for a termination for the convenience of the government or the contractor’s opportunity to be made whole when a termination for convenience occurs through the submission of a well prepared termination settlement proposal. This topic helps private sector contractor and federal government program managers, contract administrators, contracting officers, contract specialists, and the attorneys and other professionals supporting them to understand each parties’ rights and obligations when deciding to, or when on the receiving end of a termination for default, termination for cause or a termination for the convenience of the government. You will gain an understanding of the federal government contract termination process and the key fundamental legal concepts and considerations.

Date: 2019-10-17 Start Time: End Time:

Learning Objectives

Terminations for Default (T4D)
• The Default Termination Clauses
• Fixed Price Supply and Service Contracts
• Fixed-Price Construction Contracts
• Cost-Reimbursement Contracts
• Commercial Item Contracts: Termination for Cause Clause
• Grounds for Default or for Cause Termination
• Failure to Deliver or Perform
• Failure to Make Progress
• Anticipatory Repudiation
• Breach of Other Contractual Provisions
• Contractor Defenses to Termination for Default or for Cause
• Excusable Delay
• Changes and Suspensions of Work
• Other Government-Caused Delays
• Defective Specifications/Impossibility
• Waiver
• Government Process and Procedures for Default/Cause Termination
• Cure Notice
• Show Cause Notice
• Termination Notice
• Government’s Remedies
• Excess Costs of Reprocurement
• Damages for Breach of Contract
• Non-Responsibility Determinations
• Other Remedies
• Contractors’ Remedies for Improper T4D

Terminations for the Convenience of the Government (T4C)
• The Termination for Convenience Clauses
• The Short Form Clauses (Fixed-Price Contracts Not to Exceed $100K)
• The Long Form Clauses (Fixed-Price Contracts Exceeding $100K)
• Cost-Reimbursement Contracts
• Commercial Item Contracts
• Constructive Terminations for Convenience
• Deductive Changes vs. Partial Termination for Convenience
• Government Process and Procedures for Convenience Termination
• Termination Settlement Proposals
• Procedures
• Amount of Settlement
• Special Considerations
• Limitations on T4C Settlements
• Loss Contracts

Terminations of Subcontractors/Lower-Tier Contractors

No Credit Available

Fernand A. Lavallee-Jones Day