Improper Convenience Termination Is Breach of Contract
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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