T4D Termination Appeal

Probably as soon as possible but the Termination Notice would state that the contractor has the right to appeal under the Disputes clause of the contract - - see FAR 49.402-3(g)(7).

yes understand this, asnd this was included, but the dispute clause does not state the amount of time the KTR has to appeal that decisoion, I thought it stated it somehwere. Trying to provide the correct info to the KTR

Thank you

I beleive it would be a claim and the KTR would have up to 6 years unless the CO agreed to a shorter time - - see FAR 33.206.

That is what I was afraid of

The CDA establishes the time a contractor has to appeal a contracting officer's decision. If we are talking about a default termination, that is a government claim against the contractor. The termination notice should be in the form of a decision under the Disputes clause. See, FAR 49.402-3(g). The contractor has 90 days after receipt of the termination notice/decision to file an appeal with the appeals board or 1 year to file suit in the Court of Federal Claims.

I llike that answer better, and that has been the other thoought in our debate here

Not to try to offend, but do your own research and be able to backup your decision. Further, if you are considering a T4D, I would be talking to your offices attorney for the advice.

Conversely, if you have a bonafide reason for the T4D, the appeals process shouldn't scare you. It sounds like you are scared if they were to appeal it and are hoping for the shortest time possible to get past it.