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Improper Convenience Termination Is Breach of Contract

Client Alert | 1 min read | 04.06.16

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.

Insights

Client Alert | 2 min read | 12.29.25

FYI – GAO Finds Key Person “Available” Despite Accepting Employment with a Different Company

GAO’s key personnel rule is well-known—and often a source of frustration— amongst government contractors.  Proposed key personnel who become “unavailable” prior to contract award—especially where they have accepted employment with a different company—may doom an offeror’s proposal by rendering it noncompliant with solicitation requirements.  But GAO’s recent decision in FYI – For Your Information, Inc., B-423774, B-423774.2 (Dec. 19, 2025) provides some potential relief from that rule. ...