The Department of Government Efficiency’s (“DOGE”) scrutiny of federal contracts has resulted in a spike in notices of termination for convenience. Given DOGE’s broad mandate to reduce federal spending, we expect a sustained...more
The first months of the Trump Administration have seen a flurry of executive orders related to government contracts. Many of these executive orders – as well as public statements by heads of federal agencies or the Department...more
The Trump administration, as part of its efforts to reshape the federal government, began terminating federal contracts for the convenience of the government almost immediately after coming back to town. These contract...more
A flurry of presidential directives, agency communications, and court orders has left federal contract and grant recipients with operational disruptions and in a state of confusion. As we write, it has been difficult to...more
In a recent decision, the Court of Appeals for the Federal Circuit held that FAR 52.212-4(l), the Termination for Convenience clause used in commercial items contracts, had no effect in a services contract—even though the...more
In a decision issued on November 17, JKB Solutions v. United States, the Federal Circuit held that the commercial item termination for convenience provision at FAR 52.212-4(l) incorporated by reference into a contract for...more
Although the Federal Circuit did not issue a precedential patent decision this week, there was still plenty of activity, including three grants of mandamus to transfer cases out of the Western District of Texas. Below we...more
This article first focuses on the contract administration aspects that contractors supporting operations in Afghanistan should be thinking of now to prepare for and mitigate downstream and currently unknown risks. It then...more
Imagine as a supplier of medical oxygen cylinders and tanks in your region, you enter into an arrangement with HHS or DHS to provide oxygen to nearby hospital facilities dealing with surges in the COVID-19 pandemic. However,...more
With the United States’ recent withdrawal from Afghanistan, it is only a matter of time before the government begins terminating certain federal contracts for the convenience of the government. Accordingly, government...more
It is hard to describe the manner in which the United States is withdrawing from Afghanistan. At this point, the safety and security of Americans and those who provided critical assistance to U.S. operations in Afghanistan...more
With the challenges presented by the recent and rapid spread of COVID-19 in the United States, it is only a matter of time before the government begins terminating certain federal contracts for the convenience of the...more
In Alutiiq Manufacturing Contractors, LLC v. United States, the U.S. Court of Federal Claims ruled that the Government had improperly terminated a construction contract for default and ordered that the default termination be...more
Aspic Eng’g & Constr. Co. v. ECC Centcom Constructors LLC, No. 17-16510, 2019 BL 26363 (9th Cir. Jan. 28, 2019) - Aspic Engineering and Construction Company (“Aspic”), a local Afghan subcontractor, entered into multiple...more
Last month, the Armed Services Board of Contract Appeals issued two decisions involving terminations for convenience. Both decisions are instructive regarding how contractors should anticipate contractual and regulatory...more
In this presentation: - Termination for Convenience (“T4C’) - Termination for Default (“T4D”) - T4C vs. T4D at a glance - Brief overview of termination appeals - Q & A Please see full...more
Automatic spending cuts caused by “sequestration” went into effect on March 1, 2013, after the federal Government could not avoid or further delay sequestration as Congress and the President had agreed during January of 2013....more