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Terminations

Terminations. I won’t be back!. Termination for Default. Standard Clause Bases for Termination Failure to Deliver Timely Delivery Compliance with Specifications Failure to Make Progress Failure to Perform other Provisions Anticipatory Breach. Termination Decision.

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Terminations

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  1. Terminations I won’t be back!

  2. Termination for Default • Standard Clause • Bases for Termination • Failure to Deliver • Timely Delivery • Compliance with Specifications • Failure to Make Progress • Failure to Perform other Provisions • Anticipatory Breach

  3. Termination Decision • Contracting Officer Discretion • Improper Motive • Notices • Cure notice (10 days) • “Show cause”

  4. Contractor Defenses • Excusable Delay • Waiver of Due Date • Forbearance • Termination after Waiver

  5. Contractor Defenses • Excusable Delay • Acts of God • Acts of the Govt • Fires • Floods • Epidemics • Quarantine • Strikes • Freight Embargoes • Unusually Severe Weather

  6. Contractor Defenses • Excusable Delay Must be outside the control of the contractor • Unforeseeable • Unavoidable • Actual delay

  7. Government Remedies • Excess Costs or Re-procurement • Measure of Excess Costs • Similarity of Repurchase • Gov Duty to Mitigate • Gov Completion of Work • Other Remedies • Liquidated Damages

  8. Termination for Convenience • Government Right • Scope • Government Obligations • Written Notice • Post- Termination Duties • Contractor Obligations

  9. Constructive Termination • Conversion of Improper Default • Cancellation of Contract

  10. Termination Costs • Contractor Recovery • Settlement Proposal • Settlement Principles & Limits • Special Termination Costs • Pre-contract • Initial • Inventory • Post-termination

  11. Expenses • Settlement • Subcontractor Claims • Profit • Loss Adjustments

  12. Partial Terminations • Partial vs Deductive Change • Contractor Recovery

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