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Termination of Federal Government Contracts Before Fully Performed

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.
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Agenda

Terminations for Default (T4D)
  • The Default Termination Clauses
    • Fixed Price Supply and Service Contracts
    • FixedPrice Construction Contracts
    • CostReimbursement 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 GovernmentCaused 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
    • NonResponsibility 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 (FixedPrice Contracts Not to Exceed $100K)
    • The Long Form Clauses (FixedPrice Contracts Exceeding $100K)
    • CostReimbursement 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
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Fernand A. Lavallee

Fernand A. Lavallee

Jones Day

  • Partner at Jones Day
  • Practice emphasizes all aspects of public procurement law, with an emphasis on high technology and intellectual property issues in government contracts and Other Transaction Agreements (OTAs)
  • Conducts regular seminars and workshops on topics of interest to government contractors at all tiers
  • Author of several publications related to government contracting and subcontracting, with a focus on intellectual property in government contracts, grants, cooperative agreements and OTAs
  • Member of the ABA Public Contract Law Section; Vice-chair of the ABA PCLS Intellectual Property Committee; National Contract Management Association (NCMA)
  • Selected to the Super Lawyers list 2018, 2019
  • J.D. degree, College of William & Mary; A.B. degree, Georgetown University
  • Can be contacted at [email protected] or 202-879-3486
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Product ID: 406397
Published 2019
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