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DEAR

Part Number: 949

Department of Energy Acquisition Regulation

PART 949 - TERMINATION OF CONTRACTS

Authority: 42 U.S.C. 7101 and 50 U.S.C. 2401

Source: 49 FR 12038, Mar. 28, 1984, unless otherwise noted.

      Subpart 949.1 - General Principles

           949.101 Authorities and responsibilities.

           949.106 Fraud or other criminal conduct.

           949.111 Review of proposed settlements.

      Subpart 949.5 [Reserved]

Subpart 949.1 - General Principles

949.101 Authorities and responsibilities.

The Senior Procurement Executive shall be notified prior to taking any action to terminate (a) contracts for the operation of Government-owned facilities, (b) any prime contract or subcontract in excess of $10 million, and (c) any contract the termination of which is likely to provoke unusual interest.

949.106 Fraud or other criminal conduct.

Any evidence of fraud or other criminal conduct in connection with the settlement of a contract termination shall be reported in accordance with 909.406.

949.111 Review of proposed settlements.

(a) The Heads of Contracting Activities shall establish settlement review boards for the review of each termination settlement or determination of amount due under the termination clause of a contract or approval or ratification of a subcontract settlement when the action involves $50,000 or more.

(b) Settlement review boards may be established for actions below $50,000 when considered desirable by the Head of the Contracting Activity or when specifically requested by the contracting officer.

(c) Proposed settlement agreements or determinations in excess of contractual authority of the Heads of Contracting Activities will be transmitted to the Senior Procurement Executive for review and approval.

(d) Contracting officers shall not conclude proposed settlement or determinations until the approvals required by this subsection have been obtained.

Subpart 949.5 [Reserved]