Part 5349 - Termination of Contracts
AFFARS PART 5349 Knowledge Center
2019 Edition
Revised: 2 May 2022
Subpart 5349.1 - GENERAL PRINCIPLES
5349.101 Authorities and Responsibilities
5349.102 Notification of Termination
Subpart 5349.4 - TERMINATION FOR DEFAULT
5349.402-3 Procedure for Default
5349.402-6 Repurchase Against Contractors Account
Subpart 5349.5 - CONTRACT TERMINATION CLAUSES
5349.501-70 Special Termination Costs
Subpart 5349.70 - SPECIAL TERMINATION REQUIREMENTS
5349.7001 Congressional Notification on Significant Contract Terminations
5349.7003 Notification of Anticipated Terminations or Reductions
Subpart 5349.1 - GENERAL PRINCIPLES
5349.101 Authorities and Responsibilities
(b) The SCO or command-appointed termination contracting officer (TCO) must approve a termination for default or cause prior to a contracting officer taking the action. When requesting approval, the contracting officer must provide all relevant documents to include a chronology of key events, cure/show cause notices and responses thereto.
5349.102 Notification of Termination
See the tailorable Termination Authority template.
Subpart 5349.4 - TERMINATION FOR DEFAULT
5349.402-3 Procedure for Default
(f) Prior to making a final decision concerning termination for default, the contracting officer must forward the termination notice and the complete contract file to AF/JACQ with a copy of the termination notice to SAF/GCR and follow the procedures in 5333.291 Appeals to the Armed Services Board of Contract Appeals (ASBCA) .
5349.402-6 Repurchase Against Contractors Account
(c) The contracting officer must provide copies of assessments of excess reprocurement costs through the SCO to AF/JACQ .
Subpart 5349.5 - CONTRACT TERMINATION CLAUSES
5349.501-70 Special Termination Costs
(a) See MP5301.601-90 Head of Agency (HoA), Senior Procurement Executive (SPE), Service Acquisition Executive (SAE) Delegation Matrix. Submit requests through the SCO to SAF/AQC for approval.
(c) The contracting officer must forward a request for SAF/FM approval through their SCO and SAF/AQC prior to authorizing any increase in the Government's maximum liability under the clause. SAF/AQC will forward the request to SAF/FM .
Subpart 5349.70 - SPECIAL TERMINATION REQUIREMENTS
5349.7001 Congressional Notification on Significant Contract Terminations
The contracting officer must submit the proposed Congressional notification through the SCO to SAF/AQC at least five workdays before the proposed termination date. The SAF/AQC action officer will forward the information to SAF/LLP. The contracting officer must not release the termination notice until Congress has been notified (see MP5349 Termination of Contracts ).
5349.7003 Notification of Anticipated Terminations or Reductions
(b)(2)(i) The contracting officer must submit the draft notification through the SCO to SAF/AQC as soon as the proposed termination/reduction is known. SAF/AQC will forward the notification to SAF/AQ for signature (see MP5349 Termination of Contracts ).