Termination for Default

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Running head: TERMINATION FOR DEFAULT

Termination for Default

DAU
Advance Contracting for Mission Support
CON 218
Primary Instructor: Urquhart
Secondary Instructor: Callaway
May 16, 2011
Abstract
When a default termination is being considered, the Government shall decide which type of termination action to take and issue the submission only after review by contracting, and technical personnel, and by counsel, to ensure the appropriateness of the proposed action. Additionally, if termination for default appears appropriate, the contracting officer should, if practicable, notify the contractor in writing of the possibility of the termination. This notice shall call the contractor’s attention to the
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The Contracting Officer shall ascertain the facts and the extent of delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, the time for completing the work shall be extended. The findings of the Contracting Officer shall be final and conclusive on the parties, but subject to appeal under the Disputes clause.
(c) If, after termination of the Contractor’s right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Government.
(d) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.
(End of clause)
Default Decision
It is important to note that Termination for Default (T4D) is the most drastic action the Government can take against a contractor. T4D is an affirmative Government claim for which the Government bears the burden of proof. Prior to arriving at this point the government
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