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Improper Convenience Termination Is Breach of Contract

Apr.06.2016

In Securiforce Int’l Am. LLC v. U.S. (Mar. 21, 2016), the Court of Federal Claims found jurisdiction to consider an action by a contractor (represented by Crowell & Moring) for a declaration that a termination for convenience had been a breach and then found that it had been. The CFC ruled that, by the agency failing even to attempt to obtain a waiver for the perceived problem with the award and by the CO not making an independent judgment, the agency acted arbitrarily and failed to honor its duty to facilitate the contractor’s performance.

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For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Frederick (Rick) W. Claybrook Jr.
Partner – Washington, D.C.
Phone: +1 202.624.2695
Email: rclaybrook@crowell.com