Terminations for Convenience: Maximizing Recovery

(434 Ratings)

Produced on: October 20, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 62 minutes
Difficulty Intermediate

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.


Learning Objectives:

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

Faculty

Hilary Cairnie

Pepper Hamilton LLP

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.

 

Relevant Experience

  • Advise and represent clients in subcontract negotiations and dispute resolution.
  • Litigate contract claim appeals and other controversies before the U.S. Courts of Appeal for the Federal and Fourth Circuits.
  • Obtained favorable rulings in connection with pre-award and post-award protests filed before the U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC) on behalf of large and small businesses.
  • Representing clients working for the Army Corps of Engineers on post- Katrina reconstruction projects throughout the Gulf-region.
  • Advise clients that are working in Iraq, Afghanistan, Pakistan, Jordan, Israel, and other Middle Eastern countries on projects with DOD, USAID, State Department, and other agencies.
  • Conduct internal corporate investigations and represent clients in connection with “hotline” reports, as well as criminal, civil, and administrative investigations initiated by federal and state authorities, and the concomitant legal proceedings.
  • Represent nonprofit clients in connection with non-procurement programs and agreements.

 

Recognition

  • Martindale-Hubbell: AV Preeminent

 

Memberships

  • Virginia Bar Association
  • District of Columbia Bar Association
  • Federal Circuit Bar Association
  • Federal Bar Association
  • National Contract Management Association

 

Aaron Raddock

BDO USA LLP

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: 

  • Provides government contractors and recipients of government funds with accounting, compliance, audit and litigation support throughout almost all phases of the contract life cycle.
  • Provides cost accounting advisory services including indirect cost rate design, disclosure statement preparation, cost impact calculations, assistance with complex allowability and allocability matters, and incurred cost submission preparation.
  • Guides contractors through government audits and negotiations with a variety of different audit agencies including DCAA, GSA OIG, DFAS, DOL and others.
  • Supports contractors in a variety of claims and disputes including contract terminations for convenience or default, requests for equitable adjustment, bid protests, breach of contract claims and False Claims Act suits. Assists with a variety of matters at the direction of counsel and under protective order.
  • Conducts forensic investigations into suspected fraud or other misconduct.
  • Assists with complex pricing analyses related to Federal Supply Schedule contracts, including proposal development or option renewals under GSA/VA Schedule contracts, and similar contracting vehicles, and evaluates potential exposure related to the triggering of the Price Reductions Clause.
  • Performs compliance assessments and detailed back pay calculations related to wage and hour requirements like the Service Contract Act and the Davis-Bacon Act.
  • Assesses compliance with contractor business system requirements, FAR/CAS, domestic buying preferences and other unique government contract obligations, and assists with remediation.
  • Helps contractors design and implement robust government contract compliance programs to promote compliance and effectively manage suppliers.


Reviews

RB
Russell B.

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.

JB
Janine B.

Very impressed with lecturers. This was a complicated matter but they interpreted it so the audience could easily grasp it.

DW
Derek W.

High quality

AM
Andrew M.

Very specific to construction law, which is good.

BC
Brent C.

Hope I never have to use this info, but it is good to know.

WF
William F.

Well presented.

JL
Jennifer L.

I liked the two person format. It was interesting to hear from the accounting side and made for an informative presentation.

JM
John B. M.

Probably the best online course I have seen.

CM
Christopher M.

Very good and very professional

SS
Sarah S.

I am a government contracts attorney and this was a thorough presentation of a specific area I appreciated for purposes of my practice.

GK
George K.

Great course

DD
Davina D.

Very informative information that I can apply tomorrow.

LE
Linda E.

Best interaction/give and take between two presenters that I have seen.

QB
Quietta B.

Thanks!

GT
gretal t.

Very informative presentation

JR
James R.

Good overview of subject.

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