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  • Question

    Can the Government complete a contract a back charge the previous contractor


    Answer

    The answer is based only on the information provided with the question. I am making an assumption the original contract was a fixed-price contract and was terminated for default and the clause 52.249-8 Default (Fixed-Price Supply and Services) was in the contract.  If you look at FAR 52.249-8(b) you will find your answer. “If the Government terminates this contract in whole or in part, it may acquire, under the terms  and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the Government for any excess costs for those supplies or services.”

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