DID YOU KNOW? The Government is permitted to procure construction and architect/engineering services collectively under a “design/build” contract? Guidance for this type of procurement which increases efficiencies and lowers administrative burdens can be found at FAR Subpart 36.3, Two-Phase Design-Build Selection Procedures.
Termination For Cause Was Proper Where Excusable Delay Was Not Proven
A recent case at the Federal Circuit demonstrates how important it is for a contractor terminated for cause (similar to a termination for default, but in a commercial item contract) to put forth strong evidence that delays in delivery were due to excusable delay, and...