Terminations & Compliance with Acts

Dunlap, Grubb & Weaver counsels government contractors with regard to a wide variety of disputes with the government such as Termination for Convenience and Termination for Default as well as compliance issues including issues involving equal opportunity and affirmative action requirements (Executive Order 11246), the Rehabilitation Act of 1973 and the Vietnam Veterans Readjustment Assistance Act of 1974 and DOL's workplace and labor standards under the Walsh-Healey Act, the Davis Bacon Act, the Service Contract Act and the Contract Work House and Safety Standards Act and government contract audits.

  • The McNamara—O’Hara Service Contract Act (SCA) requires government contractors on contracts in excess of $2,500 to pay employees prevailing wage rates and fringe, and maintain compliance records, unless an exemption applies.
  • The Davis-Bacon Act and related acts (DBRA) requires that each contract over $2,000 for the construction, alteration, or repair of public buildings or public works shall contain a clause setting forth the minimum wages to be paid to various classes or laborers and mechanics employed under the contract.
  • The Walsh-Healy Public Contracts Act applies to contracts which exceed or may exceed $10,000 for the manufacture or furnishing of materials, supplies, articles, or equipment and requires the contractor to be qualified as a manufacturer or regular dealer, establishes minimum wage, maximum hours, and safety and health standards for work on such contracts, and prohibits convict labor (unless certain conditions are met) and use of children under 16 years of age.

GSA Schedules

Dunlap, Grubb & Weaver has particular experience in advising federal agencies, commercial suppliers, manufacturers, vendors, dealers and distributors in the complex area of GSA Schedules and government contracts. As clients increasingly must address GSA requirements as a condition for purchasing or leasing commercial goods, licensing software, or ordering services, Dunlap, Grubb & Weaver has become well-known for its in-depth knowledge and experience in the area of GSA schedules.

Government Contract Terminations

There are two general types of terminations: Termination for convenience (T for C) allows the government to terminate all or part of a contract for its convenience and not for the fault of the contractor performing on the contract. If a government contractor is terminated for convenience, Dunlap, Grubb & Weaver will assist the contractor:

  • Review the termination for convenience and provide advice to most protect the company's financial interests and prepare a termination for convenience claim in accordance with the Federal Acquisition Regulations (FAR);
  • Represent the company during the DCAA audit and help prepare subcontractor and vendor proposals and justifications to obtain approval from the Contracting Officer (CO) for the proposals.

Termination for default is the government’s cancellation of a contract because the contractor has allegedly failed or may fail to perform its contractual obligations. In the event of a potential termination for default the contractor receives written notice from the CO that its contract may be terminated and often gives the contractor a chance to remedy the alleged default. Failing this, if the contract is terminated, the contractor may appeal the decision to the CO of the procuring agency which may convert the matter into a termination for convenience. If the contractor can’t make this happen the company may be responsible for the payment of the government’s costs including re-procurement and possibly the return of all profits (in cases of fraud).

This is where Dunlap, Grubb & Weaver comes in and will represent the company to limit its liability.

For more detail and information on these services call, e-mail or visit our website today at www.dglegal.com. Call 202-316-8558 or 703-777-3885, e-mail mail@dglegal.com, or fill out the Request for Information Form on this site.