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    Are there any alternative course of actions besides doing a Termination for Convenience? We are not considering Termination for Default because the solution is beyond the contractor's ability and the contractor has made several attempts to resolve the issue with the manufacturer.


    Answer

    In this case the contractor is failing to deliver, so some type of termination appears to be warranted.  You may want to consider a partial termination or descope action, since work already has been performed, and then move towards a new acquisition strategy to meet the “new” requirement.  As a general matter, a descope action should proceed as a partial Termination for Convenience (T4C) where the deleted element is a substantial or cardinal element of the original scope. Smaller descope actions should proceed as descope changes under the Changes clause. I would also consult legal counsel for any further guidance.

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