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View Full Version : Can the contractor refuse to accept government delay?


zizzo86
Jun 11, 2012, 07:42 AM
We have a fixed price contract with the US Government under the FAR.
The contracting officer arsked to extend again the suspension of work.
This is the second suspension and 6 months passed from the acquisition of this work. How can we proceed? Can we refuse this suspension and ask the termination of the contract?

AK lawyer
Jun 11, 2012, 08:05 AM
One would think that a request for an extension would not be a meaningless formality. If so, it would follow that your refusal to extend would terminate the contract. Check the fine print of your contract, which probably also incorporates by reference applicable public contracting statutes and regulations. Check the incorporated statutes and regulations.

zizzo86
Jun 11, 2012, 08:20 AM
One would think that a request for an extension would not be a meaningless formality. If so, it would follow that your refusal to extend would terminate the contract. Check the fine print of your contract, which probably also incorporates by reference applicable public contracting statutes and regulations. Check the incorporated statutes and regulations.

The purpose of suspension was made in accordance with FAR 52.242-14 "SUSPENSION OF WORK" included in our contract.
In this clause there is no indication about the contractor's obligations and the consequence of a not-response.