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tjsmith57

Termination for Convenience Settlement Proposal

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I am working with the government to finalize our termination for convenience settlement proposal. We hired a consultant to assist us with the preparation of our settlement proposal. The government has now come back and asked me to provide the actual CO approval to utilize this consultant is. Are we required to seek CO approval to utilize a consultant with our termination settlement proposal? FAR 52.244-2 is included in our base contract.

Any assistance will be greatly appreciated

 

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If your agreement with the consultant were a "subcontract" as defined in FAR 52.244-2, is it the type of subcontract that would require you to seek consent to subcontract?

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Are you including the consultant's costs as part of the T4C proposal?  Regardless, a consultant is generally not considered a subcontractor (these forums have discussed this topic a fair bit as well).

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An interesting negotiating tactic but one that is not well-grounded in regulatory reality. See 31.205-42(g)(1) for settlement expenses that are "generally allowable" -- expressly including certain consultant costs.

Hope this helps

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