Contractor Recovers Termination Costs Even Without Receiving a Notice to Proceed | PNWC’s Government Contracting Update

In 2011, the Corps of Engineers awarded a contract to Pro-Built Construction to build a police station in Afghanistan. The Corps did not issue a notice to proceed however, and in 2012 (about seven months later), issued a TforC (Termination for Convenience) due to “negative security conditions.. Pro-Built submitted a TforC claim for about $1.1 million. In a final decision, the Contracting Officer determined that Pro-Built was entitled to a mere $49 thousand. Pro-Built appealed to the ASBCA.

Source: PNWC’s Government Contracting Update: Contractor Recovers Termination Costs Even Without Receiving a Notice to Proceed