Government Contracts Monitor

Perseverance and Litigation Prompt Government to Convert Default Termination to Termination for Convenience

December 10, 2013

Sometimes, if you push hard enough and long enough, you can get a default termination converted to a termination for convenience.  That is what happened in White Buffalo Construction, Inc. v. United States, No. 2012-5045 (Fed. Cir. Nov. 1, 2013).

White Buffalo Construction, Inc. (“White Buffalo”) contracted with the Federal Highway Administration (“FHA”) to repair damaged roads in the…

NCLN20 COFC Case Provides Cautionary Tale for Small-Business Contractors

September 1, 2011

A recent U.S. Court of Federal Claims (“COFC”) case is a veritable “horror story” of what can happen to a small-business contractor that is not fully ready to perform and that expects – perhaps based on its past experience with agency contracting personnel – that a “friendly” contracting officer (“CO”) will exhibit patience towards the contractor. Sadly, and notwithstanding the court’s…