Terminated for convenience?
Recover what you're owed.
When a federal agency terminates your contract for convenience, you can recover more than your last invoice. We prepare the settlement proposal for a flat fee, and you review and sign everything before it goes to the contracting officer.
More than the last invoice.
Costs on the terminated work
Labor, materials, subcontracts and allocable overhead you had already incurred when the termination took effect (FAR 49.206, 31.205-42).
A reasonable profit
Profit on the work you performed, unless the contract would have lost money, in which case a loss adjustment applies instead (FAR 49.202, 49.203).
Subcontractor settlements
What you owe your terminated subcontractors and suppliers, settled through your proposal (FAR 49.108).
Settlement expenses
Accounting, legal and clerical costs of preparing and presenting the proposal, which FAR 31.205-42(g) treats as generally allowable. Our flat fee is a settlement expense of this kind.
The one-year deadline
Under the standard termination clause (FAR 52.249-2), the final settlement proposal is due within one year of the effective date of termination, unless the contracting officer extends it in writing on a request made within that year. If no proposal is filed and no extension was requested, the contracting officer can set the amount on their own, and that decision can't be appealed.
Commercial contracts (FAR 52.212-4(l)) work differently: you're paid the share of the price for work performed, plus reasonable charges you can show resulted from the termination. Small contracts can also use a short-form clause. We confirm which one applies to yours before anything else.
How it works
- Step 1
Send the termination notice
We confirm which clause applies, your deadline and what's recoverable. No charge for this first look.
- Step 2
Send the records
The contract and modifications, invoices and payments, job-cost records, subcontracts and an inventory of materials on hand.
- Step 3
We prepare the proposal
Cost schedules on the total-cost or inventory basis, the narrative and a cover letter. We aim to return a draft within 10 business days of complete documents.
- Step 4
You review, sign and submit
You certify the proposal. We answer the contracting officer's questions about our schedules for 60 days after delivery.
Pricing
| Option | Fee | What it covers |
|---|---|---|
| Up to $250,000 terminated | $3,500 | Flat fee for the complete proposal package. |
| $250,000 to $1 million | $6,500 | Flat fee for the complete proposal package. |
| $1 million to $5 million | $9,500 | Flat fee for the complete proposal package. |
| Over $5 million | Quoted | One flat fee, quoted after the first look and agreed in writing before work starts. |
- The fee is the same whatever amount is recovered. It is never a percentage.
- Invoiced when the proposal package is delivered, due in 15 days.
- On a standard-clause contract, preparation costs are generally allowable settlement expenses, so the fee normally goes into the proposal. The contracting officer decides what is allowed.
- We prepare documents. We don't give legal advice or represent you in disputes or appeals.
Questions
How did you find out about my termination?
Contract terminations are public. Federal contract actions, including terminations, are reported to FPDS, the Federal Procurement Data System, and we monitor it.
Is your fee a percentage of what I recover?
No. It's a flat fee based on the size of the termination, agreed before we start and invoiced when we deliver the proposal package.
What's in the proposal package?
Cost schedules on the total-cost or inventory basis, the narrative and a cover letter, ready for you to review, sign and submit. We also answer the contracting officer's questions about our schedules for 60 days after delivery.
My deadline is close. Can you still help?
Yes, so contact us right away. Under FAR 52.249-2(e), the contracting officer can extend the deadline on a written request made within the one-year period. We prepare that request for you to send, then start on the proposal.
Who signs the proposal?
You do. The contractor certifies the settlement proposal. We prepare it for your review.
Do you represent us if there's a dispute?
No. We prepare the proposal and supporting schedules. If a dispute or appeal comes up, bring in government-contracts counsel.
Got a termination notice?
Send it over and we'll tell you your deadline and what's recoverable, at no charge.
The Boring Digital LLC
1500 N Grant St Ste R, Denver, CO 80203