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Partial Termination Doesn't Allow Repricing In Commercial Services Contract

Client Alert | less than 1 min read | 10.26.04

In Individual Dev. Assocs., Inc. (Sept. 9, 2004), the ASBCA rejected a contractor’s claim that the partial termination for convenience of a contract for commercial educational services was improper, holding that various provisions showing the services had been offered only as an “inseparable whole” did not explicitly abrogate the government’s right to partially terminate the contract and, therefore, applied only to offer and acceptance or pricing, not termination. The Board further held that the applicable commercial termination provision (in contrast to the FAR’s standard termination for convenience clause) does not give contractors any right to an equitable adjustment when a partial termination increases the cost of unchanged work.

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Client Alert | 3 min read | 06.22.26

Timing Is Everything: GAO Dismisses Three Protests Filed Before the Solicitation Deadline but After GAO’s Daily Cutoff Time

A recent U.S. Government Accountability Office (GAO) decision dismissing three pre-award protests as untimely highlights an important procedural trap for would-be protesters. In Oready, LLC, GAO dismissed three protests filed one business day too late, even though they were submitted prior to the solicitation closing date and time. ...