- 16 - cancellation, not all of the costs identified in clause I-6(f) would necessarily be recoverable. Only those costs that were allowable could be recovered, and only in an amount that did not exceed the negotiated cancellation ceiling. The cancellation ceiling agreed to in Contract 2034 was less than the amount GENDYN had originally estimated and proposed would be necessary to make itself financially whole in the event the program was canceled. In addition to its right to cancel Contract 2034 for lack of funding or because it no longer needed the aircraft, the Air Force possessed the right (which is standard and required in all Government contracts) to terminate the contract for convenience or for default. In a termination for convenience, the Government orders a contractor to stop work for any or no reason at any time prior to the delivery of the last item required under the contract. The contractor then submits a claim to recover its incurred costs plus a reasonable profit. Not all of the contractor's costs may be recoverable. In a termination for default, the Government orders the contractor to halt work because the contractor has not complied with all of the material terms and conditions of the contract. The Government may then have a claim against the contractor to recover unliquidated advances and other contract damages. As of the execution of POO 2, Contract 2034 remained “undefinitized”, that is, unpriced. It was not until March 11,Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011