Hey WIFCON,
Trying to see if there is any good advice from WIFCON experts, GOA cases, or other written decisions out there with regards to a Contractor, in breach/default/about to be terminated from an IDIQ contract, and that contractor's right to receive the minimum guarantee. Without going into a ton of details, performance on a service task order is well below sub-par, the Government awarded the task order competitively via a MA-IDIQ, the requirements/funding on TO award was enough to satisfy the minimum guarantee, however due to a complete breach of contract/lack of performance the contractor hasn't actually fulfilled the minimum guarantee due to various performance/management issues. If the contract is terminated/IDIQ contract is terminated as well, what if anything is the contractor entitled to in terms of the minimum guarantee? I am sure the contractor can submit a claim etc, but regarding that minimum guarantee can the Contractor file a claim against that and actually receive payment when in clear default of their own contract?
FYI- All performance related issues have been well documented and communicated to the contractor.
All instances I have been able to find in GAO case search and other court decisions are all when the Gov't fails to order the minimum.
Thanks!