Termination for Convenience Settlement Proposal
Started by tjsmith57 · Sep 9, 2016 · 4 replies
- tOriginal post
tjsmith57
Sep 9, 2016 · 9y ago
I am working with the government to finalize our termination for convenience settlement proposal. We hired a consultant to assist us with the preparation of our settlement proposal. The government has now come back and asked me to provide the actual CO approval to utilize this consultant is. Are we required to seek CO approval to utilize a consultant with our termination settlement proposal? FAR 52.244-2 is included in our base contract.
Any assistance will be greatly appreciated
- D
Don Mansfield
Sep 9, 2016 · 9y ago
If your agreement with the consultant were a "subcontract" as defined in FAR 52.244-2, is it the type of subcontract that would require you to seek consent to subcontract?
- I
Icy
Sep 9, 2016 · 9y ago
Are you including the consultant's costs as part of the T4C proposal? Regardless, a consultant is generally not considered a subcontractor (these forums have discussed this topic a fair bit as well).
- R
Retreadfed
Sep 9, 2016 · 9y ago
TJ, was the termination total or partial? Also, what Termination clause is in your contract?
- h
here_2_help
Sep 10, 2016 · 9y ago
An interesting negotiating tactic but one that is not well-grounded in regulatory reality. See 31.205-42(g)(1) for settlement expenses that are "generally allowable" -- expressly including certain consultant costs.
Hope this helps