Termination for Convenience FAR

Termination for Convenience Damages

Attorneys Specializing in Government Contracts

Termination for Convenience under the FAR. U.S. Government Contracts. Monetary Settlements – Damages. Attorneys Specializing in Government Contracts.

Get needed lawyer help with TERMINATION FOR CONVENIENCE monetary settlements on U.S. Government Contracts under the FAR.

Important Note: Attorney and Consultant costs associated with preparing and submitting a Termination for Convenience (TFC) settlement proposal to the Government are an ALLOWABLE expense as part of the TFC settlement. There is NO EXCUSE for not hiring experienced professionals to assist you with this process. See FAR 31.205-42(g).

All States – nationwide law firm practice, boutique Government contracts law firm. We can also assist with Overseas U.S. Government contracts. Small Business Government contracting lawyers.

Termination for Convenience FAR

Jeffrey Giancola, the Principal, is a cum laude graduate of Columbia University and received his law degree from the University of Virginia. He is a member of the State of Maryland Bar and has 30 years of experience in the Government procurement field. This firm focuses exclusively on U.S. Federal Government contract matters and has a nationwide practice. We can also assist with overseas U.S. Government contracts.

CONTACT us here now to get immediate help: TERMINATION FOR CONVENIENCE.

What is Government Termination for Convenience? – 9 FAR Part 49 Rules You Must Know:

FAR Part 49 establishes policies and procedures relating to the complete or partial Termination for Convenience of the Government (TFC) of U.S. Federal Government Contracts. FAR Part 49 also makes provision for Termination for Default (TFD) of Federal contracts due to the default of the contractor. All terminations of Federal contracts that are not explicitly denoted as for default are considered to be terminated for convenience.

The Government’s right to effect a TFC is based on standard FAR clauses incorporated by reference into the contract. The text of these clauses closely tracks the substantive principles and procedures for Termination for Convenience described in FAR Part 49.

Per FAR 49.104, after receipt of the notice of termination, the Contractor shall comply with the notice and the termination clause of the contract, except as otherwise directed by the Contracting Officer (CO). The notice and clause applicable to convenience terminations generally require that the contractor:

(a) Stop work immediately on the terminated portion of the contract and stop placing subcontracts thereunder;

(b) Terminate all subcontracts related to the terminated portion of the prime contract;

(c) Immediately advise the TCO of any special circumstances precluding the stoppage of work;

(d) Perform the continued portion of the contract and submit promptly any request for an equitable adjustment of price for the continued portion, supported by evidence of any increase in the cost, if the termination is partial;

(e) Take necessary or directed action to protect and preserve property in the contractor’s possession in which the Government has or may acquire an interest and, as directed by the CO, deliver the property to the Government;

(f) Promptly notify the CO in writing of any legal proceedings growing out of any subcontract or other commitment related to the terminated portion of the contract;

(g) Settle outstanding liabilities and proposals arising out of termination of subcontracts, obtaining any approvals or ratifications required by the CO;

(h) Promptly submit the contractor’s own settlement proposal, supported by appropriate schedules; and

(i) Dispose of termination inventory, as directed or authorized by the CO.

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As is evident from above, the “to do” list for a Contractor who has received a Termination for Convenience Notice is lengthy and can easily get quite complicated to implement. It is HIGHLY RECOMMENDED that you retain the services of a qualified Government Contracts Lawyer (supported by acquisition consultants) to assist you to implement the Termination Notice and to prepare and submit a Termination for Convenience settlement proposal.

Attorney and Consultant costs associated with preparing and submitting a Termination for Convenience (TFC) settlement proposal to the Government are an ALLOWABLE expense as part of the TFC settlement. There is NO EXCUSE for not hiring experienced professionals to assist you with this process. See FAR 31.205-33.

Download Complete Copy of FAR part 49 Now.

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FAR 52.212-4 Termination for Convenience:

Note: Termination policies for contracts for FAR 52.212-4 acquisition of commercial items are covered separately in FAR 12.403, and the concepts and settlements involved in such terminations are somewhat different from the Part 49 concepts described above.

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