Part 49—Termination of Contracts

49.000 Scope of part.

49.001 Definitions.

49.002 Applicability.

Subpart 49.1—General Principles

49.100 Scope of subpart.

49.101 Authorities and responsibilities.

49.102 Notice of termination.

49.103 Methods of settlement.

49.104 Duties of prime contractor after receipt of notice of termination.

49.105 Duties of termination contracting officer after issuance of notice of termination.

49.105-1 Termination status reports.

49.105-2 Release of excess funds.

49.105-3 Termination case file.

49.105-4 Cleanup of construction site.

49.106 Fraud or other criminal conduct.

49.107 Audit of prime contract settlement proposals and subcontract settlements.

49.108 Settlement of subcontract settlement proposals.

49.108-1 Subcontractor’s rights.

49.108-2 Prime contractor’s rights and obligations.

49.108-3 Settlement procedure.

49.108-4 Authorization for subcontract settlements without approval or ratification.

49.108-5 Recognition of judgments and arbitration awards.

49.108-6 Delay in settling subcontractor settlement proposals.

49.108-7 Government assistance in settling subcontracts.

49.108-8 Assignment of rights under subcontracts.

49.109 Settlement agreements.

49.109-1 General.

49.109-2 Reservations.

49.109-3 Government property.

49.109-4 No-cost settlement.

49.109-5 Partial settlements.

49.109-6 Joint settlement of two or more settlement proposals.

49.109-7 Settlement by determination.

49.110 Settlement negotiation memorandum.

49.111 Review of proposed settlements.

49.112 Payment.

49.112-1 Partial payments.

49.112-2 Final payment.

49.113 Cost principles.

49.114 Unsettled contract changes.

49.115 Settlement of terminated incentive contracts.

Subpart 49.2—Additional Principles for Fixed-Price Contracts Terminated for Convenience

49.201 General.

49.202 Profit.

49.203 Adjustment for loss.

49.204 Deductions.

49.205 Completed end items.

49.206 Settlement proposals.

49.206-1 Submission of settlement proposals.

49.206-2 Bases for settlement proposals.

49.206-3 Submission of inventory disposal schedules.

49.207 Limitation on settlements.

49.208 Equitable adjustment after partial termination.

Subpart 49.3—Additional Principles for Cost-Reimbursement Contracts Terminated for Convenience

49.301 General.

49.302 Discontinuance of vouchers.

49.303 Procedure after discontinuing vouchers.

49.303-1 Submission of settlement proposal.

49.303-2 Submission of inventory disposal schedules.

49.303-3 Audit of settlement proposal.

49.303-4 Adjustment of indirect costs.

49.303-5 Final settlement.

49.304 Procedure for partial termination.

49.304-1 General.

49.304-2 Submission of settlement proposal (fee only).

49.304-3 Submission of vouchers.

49.305 Adjustment of fee.

49.305-1 General.

49.305-2 Construction contracts.

Subpart 49.4—Termination for Default

49.401 General.

49.402 Termination of fixed-price contracts for default.

49.402-1 The Government’s right.

49.402-2 Effect of termination for default.

49.402-3 Procedure for default.

49.402-4 Procedure in lieu of termination for default.

49.402-5 Memorandum by the contracting officer.

49.402-6 Repurchase against contractor’s account.

49.402-7 Other damages.

49.402-8 Reporting Information.

49.403 Termination of cost-reimbursement contracts for default.

49.404 Surety-takeover agreements.

49.405 Completion by another contractor.

49.406 Liquidation of liability.

Subpart 49.5—Contract Termination Clauses

49.501 General.

49.502 Termination for convenience of the Government.

49.503 Termination for convenience of the Government and default.

49.504 Termination of fixed-price contracts for default.

49.505 Other termination clauses.

Subpart 49.6—Contract Termination Forms and Formats

49.601 Notice of termination for convenience.

49.601-1 Electronic notice.

49.601-2 Letter notice.

49.602 Forms for settlement of terminated contracts.

49.602-1 Termination settlement proposal forms.

49.602-2 Inventory forms.

49.602-3 Schedule of accounting information.

49.602-4 Partial payments.

49.602-5 Settlement agreement.

49.603 Formats for termination for convenience settlement agreements.

49.603-1 Fixed price contracts—complete termination.

49.603-2 Fixed-price contracts—partial termination.

49.603-3 Cost reimbursement contracts—complete termination, if settlement includes cost.

49.603-4 Cost-reimbursement contracts—complete termination, with settlement limited to fee.

49.603-5 Cost-reimbursement contracts—partial termination.

49.603-6 No-cost settlement agreement—complete termination.

49.603-7 No-cost settlement agreement—partial termination.

49.603-8 Fixed-price contracts—settlements with subcontractors only.

49.603-9 Settlement of reservations.

49.604 Release of excess funds under terminated contracts.

49.605 Request to settle subcontractor settlement proposals.

49.606 Granting subcontract settlement authorization.

49.607 Delinquency notices.