Attorney Hilary S. Cairnie and Aaron Raddock, Director of Government Contracts & Grants Advisory Services at BPO, lay out the issues that may arise in case of a termination for convenience by the federal government. Cairnie and Raddock begin by explaining which contracts could be subject to such a termination and reviewing relevant contract language and Federal Acquisition Regulation provisions. Afterwards they review the duties both the contractor and the Government must undertake during the termination process, and lay out strategic issues contractors should consider before entering settlement negotiations with the Government. Finally, they discuss ways to ensure contractors can recover the maximum amount of their allowable costs, as well as lost profits, and how contractors may seek relief from an undesirable settlement.
I. Understand which contracts may be subject to termination for convenience
II. Know duties of the Government and the contractor in termination process
III. Build a strategy to approach negotiations for settlement
IV. Maximize recovery of allowable contractor costs, including lost profits
V. Identify options for relief in case of an unfair settlement
Hilary S. Cairnie is a partner in the Government Contracts Practice Group of Pepper Hamilton LLP, resident in the Washington office. Mr. Cairnie's practice is diverse and encompasses virtually all manner of government contracting matters, including contract formation, performance, administration; enforcement controversies, investigations and legal proceedings, protests, REAs, claims and claim appeals; prime/sub disputes in federal and state court; APA cases, TROs and injunctions; security clearance controversies and appeals; small business protests and appeals; corporate due diligence in support of mergers, acquisitions and asset purchases; domestic preferences; Bayh-Dole, subject inventions and IP matters; Dodd-Frank conflict minerals and supply chain matters; small business set-aside programs; cost audits and disallowances and incurred cost submissions.
Mr. Cairnie represents clients involved in aerospace, automotive, shipbuilding, transportation, construction, software, medical and healthcare, engineering, life sciences, and research and development endeavors, among others. He negotiates and prepares technology licensing agreements involving patents and trade secrets, copyrights and trademarks. Mr. Cairnie counsels clients on the unique issues associated with inventions developed under publicly funded procurement contracts and other agreements. He also advises clients on the pros and cons of using proprietary technology in connection with performance of government contracts, grants and cooperative agreements.
Mr. Cairnie is a frequent public speaker on topics and new developments of interest to the government contracting community. He has regularly appeared before various local, regional and national chapters of the trade associations and bar associations.
Prior to joining Pepper, Mr. Cairnie led the Government Contracts Group at BakerHostetler in Washington.
Aaron Raddock is a Director with BDO’s Government Contracts & Advisory Services practice. He has more than ten years of consulting experience working with government contractors, higher education institutions and nonprofit organizations. Aaron has advised clients in virtually every industry including avionics, construction, retail, defense, healthcare, hospitality, security services, technology, transportation, not-for-profit/academic, research and development, architecture and engineering, and professional services on a wide range of business issues and regulatory compliance matters.
Aaron’s specific experience includes:
Both faculty members were outstanding in their presentation of the technical Goverment "speak" and suggestions to avoid unnecessary costs and time during the Terminations for Convenience Phase of contractting with the Government.
Very impressed with lecturers. This was a complicated matter but they interpreted it so the audience could easily grasp it.
Very specific to construction law, which is good.
Hope I never have to use this info, but it is good to know.
I liked the two person format. It was interesting to hear from the accounting side and made for an informative presentation.
Probably the best online course I have seen.
Very good and very professional
I am a government contracts attorney and this was a thorough presentation of a specific area I appreciated for purposes of my practice.
Very informative information that I can apply tomorrow.
Best interaction/give and take between two presenters that I have seen.
Very informative presentation
Good overview of subject.
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