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Agency Playing Favorites Leads To Bad Faith Termination


While the government has significant discretion under the termination for convenience clause to end a contract, that discretion is not limitless. In Advanced Team Concepts, Inc. v. U.S. (Sept. 28, 2005), the Court of Federal Claims held that a termination was in bad faith and thus a breach of contract permitting lost profits when the reason for the termination was simply to shift the work to the recently departed director of the agency.

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Frederick (Rick) W. Claybrook Jr.
Partner – Washington, D.C.
Phone: +1 202.624.2695