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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 | 2 min read | 07.15.26

CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations

As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights....

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