What to do when . . . |
Being able to respond quickly to events requires that you have the right tools. The right tools include knowing what you need to do and when you need to do it. Below, we provide some of the tools you need for handling common contract situations. These will help you to take the proper first step. Please note that the information provided here and on the linked pages is general in nature, may not apply to your situation, and may not reflect the latest legal developments. This information is not provided in the context of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining such advice. |
If you have participated in a procurement under FAR Part 15 or other similar rules, you may be entitled to a debriefing. Click the link to the left for the timetable for requesting debriefings. |
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| You receive a cure notice. | You must respond promptly to any cure notice received from your contracting officer. The three standard clauses governing termination of a contract for default contained in the Federal Acquisition Regulations, 52.249-6 (Cost Reimbursement), -8 (Fixed Price Supply and Services), and -9 (Fixed Price Research and Development) all specify that a contractor has ten (10) days from receipt of a cure notice to remedy the problem, or the contract can be terminated for default. If one of these clauses are in your contract, you should review it now to determine what rights you have in the event you receive a cure notice. Note that if your contract contains FAR 52.249-7 (Fixed-Price Architect-Engineer) there is no requirement that the CO send you a cure notice prior to terminating the contract. If your contract contains an agency specific termination clause, or a tailored clause, review it now to determine whether or not you will receive an opportunity to cure a potential default. |
You will receive a negative past performance review. |
Agencies are required to give consideration to a contractor's past performance on other contracts when evaluating proposals. Frequently, agencies are giving significant weight to past performance as an evaluation factor. If you are informed that a contract activity is preparing a past performance evaluation for your contract, and you are concerned it may be negative, the FAR gives you certain rights to review that evaluation and provide comments which must be included in the agency's final rating document. A process for preparing contractor evaluations is detailed in the FAR in Part 42. However, many agencies have their own internal guidelines and practices which may differ widely from that described in the FAR. This is an area where contractors must be pro-active, because a negative rating will affect your ability to obtain future business. We invite you to contact us if you have a specific past performance concern or issue. |
| For more information, or if you would like to consult with us about other contracting issues, please contact a member of our firm. We can be reached at (202) 887-4848 or by email at mailto:kdp@petrillopowell.com or mailto:jp@petrillopowell.com | |
These materials have been prepared by Petrillo & Powell, P.L.L.C. for informational purposes only and are not legal advice. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. The information contained in this web site is provided only as general information which may or may not reflect the most current legal developments. This information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in your state.