March 12Mar 12 comment_91296 22 hours ago, Don Mansfield said: Or are you saying that the settlement of fee is negotiable? Yes, in the first instance. However, if the parties cannot agree on a settlement, then the CO is entitled to make a unilateral determination as to what would constitute fair compensation, including fee using the guidance in the termination clause.
March 12Mar 12 comment_91298 25 minutes ago, Retreadfed said: Yes, in the first instance. However, if the parties cannot agree on a settlement, then the CO is entitled to make a unilateral determination as to what would constitute fair compensation, including fee using the guidance in the termination clause. Ok, thanks
March 17Mar 17 Author comment_91387 On 3/11/2025 at 12:33 PM, Don Mansfield said: I can't explain the logic, but the Stop Work Order says to handle the increased costs in the termination settlement. The Termination clause says payment of fee is based on percentage of completion if the parties can't agree on a settlement. I don't see anything wrong with proposing additional fee and I don't think the contracting officer would be prohibited from including it in the settlement. However, I think you are asking about entitlement to the additional fee. If that's the case, I'm not seeing that entitlement. Good approach.
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