t4d

The Government contracting officer will terminate a contract for default when he or she determines that the contractor has failed to adequately perform in accordance with the contract. The Default clause applicable to fixed-price contracts limits the Government's liability for unaccepted work, subjects the contractor to actual (or liquidated) damages, and may subject the contractor for the excess cost of re-procurement. Moreover, the default becomes part of the contractor's past performance record which will harm the contractor's ability to compete on future contracts. Because the Government is not liable for work not accepted, the termination for default has a greater adverse consequence on supply contracts than service and construction contracts. If a contractor succeeds in appealing the termination for default, the default is usually converted into one for the convenience of the Government.
for more information check our online forum communitiy. Cure Notice. Before terminating a contract for default because of your failure to make progress or to perform, the contracting officer will usually give you a written notice, called a "cure notice." That notice allows you at least 10 days to cure any defects. Unless the failure to perform is cured within the 10 days, the contracting officer may issue a notice of termination for default. Show-Cause Notice. If there is not sufficient time for a cure, the contracting officer will usually send a show-cause notice. That notice directs you to show why your contract should not be terminated for default. It ensures that you understand your predicament, and your answer can be used in evaluating whether circumstances justify default action. Upon termination for default, you are entitled to payment on the contract only for items accepted by the government. Under a default clause, the government has the right to repurchase the item elsewhere and charge any excess re-procurement costs to the contractor. Excusable Failure To Perform. If you can show that your failure to perform the contract is excusable, your contract cannot be terminated for default. To be excusable, the failure must be beyond your control and not caused by your fault or negligence.
continue reading about t4d in page 2 t4d unveiled. Here's a happy thought! If, after termination, you are found not to be in default or the default is found to be excusable, the termination will be treated as one for the convenience of the government. This means that not only will you have removed the tarnished image that a T for D gives a contractor, but you will also get some of your money back as well!
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