What triggers a termination for default (T4D)?

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A termination for default (T4D) is primarily triggered by a situation where one party, typically the contractor, has failed to perform their duties as set out in the contract. This determination usually results from a series of failures such as not achieving agreed-upon milestones, delivering unsatisfactory work, or incurring substantial delays not authorized or excused by the contract's terms. In such instances, the contracting officer may decide to terminate the contract to protect the interests of the government or the contracting entity.

This mechanism serves as a safeguard against non-performance, ensuring that projects are completed on time and in alignment with the established standards. It reflects the contractual principle that performance is key to the contractual relationship, thus a failure in performance becomes the grounds for this type of termination.

In contrast, mutual agreement, delays in negotiations, or financial settlements involve cooperation between the parties and do not reflect a unilateral decision based on performance failure. These factors do not constitute grounds for T4D since they either involve consent or negotiation rather than a unilateral determination of failure to meet contract obligations.

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