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Pages:
7 pages/≈1925 words
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4 Sources
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APA
Subject:
Business & Marketing
Type:
Essay
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English (U.S.)
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Topic:

Default and Dispute (Essay Sample)

Instructions:
Termination of a contract can come about for many reaons but chiefly under the FAR a contractual relationship will end in dissolution either as a result of \"termination for default\" or termination for convenience. Review chapter 19 of the \"Government Contract Guidebook\" along with the FAR referene. Write a 7-8 page paper in which you:(1)Analyze the\"bases for a termination for default\" & give an example of its application.(2)Compare & contrast the consequences & remedies of \"termination for default\" & \"termination for convenience.\" (3)Distinguish the government\'s remedy of \"excess cost of re-procurement\" and \"liquidated damages.\" (4)Analyze the dispute process under the \"Contract Dispute Act.\" (5)Based on the topics covered in this course, evaluate the importance of acquisition planning to cost containment in government contracting.(6)After reflection on acquisition planning & cost containment, provide two recommendations to improve government procurement procedures. Identify & apply the appropriate(FAR)clauses to meet compliance in contracting actions & dispute resolution requirements. Explain how to use the adminstrative & judicial processes available for contract dispute resolution. source..
Content:
Name: Course: Instructor: Introduction In government contracting, the government as the buyer enters into mutually and legally binding relationships with a second party, which is the seller. The seller is to deliver the supplies while the buyer pays for those services. This includes all written commitments that obligate the government to expend allocated funds in large contracting engagements. In the management of contracts, situations arise where these agreements may require termination between the contracting government agents and contractors in order to settle arising disputes. Generally, the government will terminate a contract either based on a default arising from the contractor or by the convenience of the government(Breger,et al, 2001). Termination for Default Terminating a contract by default is the exercise of the government's right because of the contractor’s actual or anticipated failure to perform the set contractual obligations. The right to terminate a contract where it has been determined that the reasons are not excusable the government acts to terminate the contractors just like for its convenience purposes. The default clause allows the contractor to transfer title of the delivered work to the government after termination of the contract. The government on the other hand pays all goods, services and materials delivered. However, the government must establish that the termination was proper and correct. Though default termination is a drastic action, the government shows that its determination was evidenced based and that it was unlikely for the contract to have been completed in time (David Ricci). The ground of termination according to FAR Part 49 includes: A Failure to deliver or perform on time Timeliness is a qualitative measure of performance that can lead to termination of government contract. A sense of goodwill also counts in case there is strong evidence proves that extra effort from the contractor would achieve bett...
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