Profit Recoverable in Commercial Item Termination
Client Alert | less than 1 min read | 01.05.15
In SWR, Inc. (Dec. 15), the ASBCA ruled that the termination for convenience of a commercial item contract, before any services had been ordered, still entitled the contractor to "fair compensation" under a more expansive interpretation of "reasonable charges" than the board had previously endorsed, including start-up costs, travel expenses, wages, forfeited deposits, lease mitigation charges, settlement expenses, attorney fees, and other operating expenses. With one dissent, the board also held that contractors are entitled to a reasonable profit on all termination-related charges, despite the lack of express allowance for profit in the standard Commercial Items terms.
Insights
Client Alert | 1 min read | 07.11.24
On July 9, 2024, the CHIPS Research and Development Office released a Notice of Intent (NOI) to announce a third CHIPS Act Notice of Funding Opportunity (NOFO), which will be the first focused on the CHIPS National Advanced Packaging Manufacturing Program. The NOFO will provide up to $1.6 billion for research and development activities in five areas of semiconductor advanced packaging, including (1) equipment, tools, processes and process integration; (2) power delivery and thermal management; (3) connector technology like photonics and radio frequency; (4) the chiplets ecosystem; and (5) co-design/electronic design automation. The NOFO is expected to include prototype development opportunities in exemplar applications including high-performance computing and low-power systems needed for artificial intelligence. The NOI also provides information about eligibility expectations and other anticipated requirements for applications.
Client Alert | 35 min read | 07.11.24
Client Alert | 6 min read | 07.10.24
Client Alert | 6 min read | 07.08.24
