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Greetings I have a relative short questions that i am getting mixed answers for. The question is can the Government terminate a vendor for cause if the vendor did not meet the socio-economic category outlined in the solicitation? Granted the CO overlooked the vendors Socio economic category when they made the award. Thoughts or examples would be greatly appreciated.

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So, the vendor was not eligible for award as specifically stated in the solicitation ?

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The solicitation was sey aside for a particular group and the vendor was not in that group but they submitted a bid anyway and told the CS they would apply for that group which never happened but the CS did not follow up before making the award and ended up awarding to this vendor. Needless to say it was protested and OSBDU reccommended terminating the contract.

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I am curious What does your lawyer say and why, Assuming that she or he has provided one of the mixed answers? Edit: Please disregard that question if you are the contractor. See below for further needed clarification (I.e., who was the protest to? Who provided the recommendation to terminate and what type of termination did they recommend?).

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OSDBU recommend termination? Or SBA recommended termination? There is a difference, you know...

Was the protest handled under FAR 19.302? or 19.305? or 19.306? or 19.307? or 19.308? Please pick one. Then, read that section. You cannot get any help here if you are ridiculously cryptic in your postings.

If a termination is appropriate, then I think a termination for convenience is the right course. After all, the contracting officer erred significantly, and a default or cause termination might be converted to a convenience termination by the board of contract appeals.

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duke38,

The short answer to your question is that the government can terminate a contract at any time, in whole or in part. There is no such thing as "termination for cause" but there is a "termination for default". A Contracting Officer can terminate a contract and can choose whether to do so on the basis of convenience or default. You may not agree with the CO's choice, which is up to you. You have the right to appeal a decision you don't agree with.

In the circumstances you (quite briefly) outlined, I don't think the contractor has the moral high ground here.

Hope this helps.

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