Joseph Feibel – January 7, 2018
Question:
Can you please explain the concepts contract termination to me?
Answer:
The least you need to know as the COR:
Termination of a contract is an extremely serious step. It is serious for the contractor, whose business reputation or profits may be hurt, and for the government, because either the desired project has not proceeded as expected or the timeliness of the project has been, or will be negatively impacted. As a result, termination is not a desirable action to take to resolve a contracting problem.
If the Government is considering terminating a contract the following must be followed:
- Only the CO has the authority to terminate a contract.
- The COR may not terminate a contract or imply that termination action will be taken.
- The contractor has the right to appeal termination.
- The COR must document all performance monitoring, with particular attention to those activities that support the government’s position (i.e., those areas in which there is weak performance, causing the government to consider termination).