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  1. Thank you for rapid replies. While the sovereign act provides the government protection from liabilities incurred during the shutdown but as per Raytheon STX case, it does absolve the government from all contractual responsibilities. For example, contracts that provide facilities that are made unavailable during the shutdown " carried with it the implied promise that if they were not, [the government] would stand the resulting cost.” in any case, the Congresional bill passed for funding provided a retroactive start of funds to Oct 1 and continuation of the 2012 defense appropriations. I guess
  2. My company has a FFP GOCO contract that was issued a stop-work order 10/1/2013 referencing FAR 42.1303. This regulation allows “top-work orders may be used, when appropriate, in any negotiated fixed-price or cost-reimbursement supply, research and development, or service contract if work stoppage may be required for reasons such as advancement in the state-of-the-art, production or engineering breakthroughs, or realignment of programs.” Work stoppage in this case was not for any of the allowed conditions cited in this regulation and doesn't relate to the type of work being performed. The c
  3. Is a stop work order after government shutdown the straw that breaks the camel's back? I have a FFP with incremental funding to provide a critical health and welfare service. Over the past 3 years, commitment of funds have been "just in time" on several occasions forcing contractor to either operate at risk or cause significant damage to operations. On all of these occasions, we operated at risk with funds being allocated just prior to our monthly invoice. The longest gap in payment of invoice was 6 months. Needless to say, this action/conflict has made us heros in the eyes of the customer
  4. This teaching point was valuable and timely. I have a case before a Board where the Government attorney questioned jurisdiction under exactly the conditions of this thread. Though I argued exactly the logic in the decision of K-Con Building Systems vs Government, it is helpful to have case reference.
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