Difference between revisions of "FAR 52.249-9 - Default (Fixed-Price Research and Development)"

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{{ContractClause
 
{{ContractClause
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|EffectiveDate=1984/04/01
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|ClauseorProvision=Clause
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|ProvisionClauseNumberAlternate=52.249-9
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|Prescribedin=49.504(b)
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|TypePurposeContract=Fixed Price Service -O; Fixed Price Research and Development -A; Cost Reimbursement Service -O; Fixed Price Construction -O; Cost Reimbursement Construction -O; Time and Materials/Labor Hour -O; Leasing of Motor Vehicles -O; Dismantling, Demolition, or Removal of Improvements -O; Facilities -O; Indefinite Delivery -O; Simplified Acquisition Procedures -O; Utility Services -O
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|CCSubject=Contract Termination
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|ProvisionClauseDescription=-
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|FARClauseOverview='''(a)'''
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*(1) The Government may, subject to paragraphs (c) and (d) of this clause, by written Notice of Default to the Contractor, terminate this contract in whole or in part if the Contractor fails to—
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**(i) Perform the work under the contract within the time specified in this contract or any extension;
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**(ii) Prosecute the work so as to endanger performance of this contract (but see paragraph (a)(2) of this clause); or
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**(iii) Perform any of the other provisions of this contract (but see paragraph (a)(2) of this clause).
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*(2) The Government’s right to terminate this contract under subdivisions (a)(1)(ii) and (iii) of this clause may be exercised if the Contractor does not cure such failure within 10 days (or more, if authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure.
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'''(b)''' If the Government terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, work similar to the work terminated, and the Contractor will be liable to the Government for any excess costs for the similar work. However, the Contractor shall continue the work not terminated.
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'''(c)''' Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor.
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'''(d)''' If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule or other performance requirements.
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'''(e)''' If this contract is terminated for default, the Government may require the Contractor to transfer title and deliver to the Government, as directed by the Contracting Officer, any (1) completed or partially completed work not previously delivered to, and accepted by, the Government and (2) other property, including contract rights, specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the Government has an interest.
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'''(f)''' The Government shall pay the contract price, if separately stated, for completed work it has accepted and the amount agreed upon by the Contractor and the Contracting Officer for (1) completed work for which no separate price is stated, (2) partially completed work, (3) other property described above that it accepts, and (4) the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss from outstanding liens or claims of former lien holders.
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'''(g)''' If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government.
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'''(h)''' The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.
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|ImportantNotesRequirements=[[Category:FAR 52 - Solicitation Provisions and Contract Clauses]]
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|IncorporatedbyReference=Yes
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|UniformContractFormat=I
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|Editor=Marshall
 
|Checked=no
 
|Checked=no
 
|HasTermDate=2014/03/31
 
|HasTermDate=2014/03/31
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|EffectiveDate=
 
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|ClauseorProvision=Clause
 
 
|ProvisionClauseNumber=52.249-9
 
|ProvisionClauseNumber=52.249-9
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|ProvisionClauseNumberAlternate=52.249-9
 
 
|RegulationSection=49
 
|RegulationSection=49
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|Prescribedin=49.504(b)
 
 
|FunctionalTopicalArea=
 
|FunctionalTopicalArea=
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|CCSubject=Contract Termination
 
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|ProvisionClauseDescription=Default (Fixed-Price Research and Development).
 
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|ProcurementType=
 
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|ContractThreshold=
 
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|FARClauseOverview=
 
 
|FARCitation=
 
|FARCitation=
−
|ImportantNotesRequirements=
 
 
|ImportantCaseLaw=
 
|ImportantCaseLaw=
−
|SubcontractThreshold=
 
 
|FlowClauses=
 
|FlowClauses=
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|IncorporatedbyReference=Yes
 
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|UniformContractFormat=I
 
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|TypePurposeContract=Fixed Price Research and Development -A;Fixed Price Service -O;Cost Reimbursement Service -O;Fixed Price Construction -O;Cost Reimbursement Construction -O;Time and Materials/Labor Hour -O;Leasing of Motor Vehicles -O;Dismantling, Demolition, or Removal of Improvements -O;Facilities -O;Indefinite Delivery -O;Simplified Acquisition Procedures -O;Utility Services -O;
 
 
}}
 
}}

Revision as of 09:20, 26 June 2014

***

Prescribed in 49.504(b)

Effective Date:1 April 1984
Clause or Provision:Clause
Provision or Clause Number: 52.249-9 - Default (Fixed-Price Research and Development)
Principle Type And/Or Purpose of Contract:
Required:
Applicable:Fixed Price Research and Development; 
Optional:Fixed Price Service; Cost Reimbursement Service; Fixed Price Construction; Cost Reimbursement Construction; Time and Materials/Labor Hour; Leasing of Motor Vehicles; Dismantling, Demolition, or Removal of Improvements; Facilities; Indefinite Delivery; Simplified Acquisition Procedures; Utility Services; 
Subject:Contract Termination"Contract Termination" is not in the list of possible values (Commercial Item, Independent Price Determination, Hotline Posters, Whistleblower Protection, Contingent Fees, Specifications/Standards, Leased Vehicles and Equipment, Payments to Influence Certain Federal Transactions, Contracts, Representations and Certifications, Executive Compensation, Category:Truth In Negotiations Act (TINA), Competition, Delivery or Performance Schedules, Employment/Labor/Wages, Certified Cost or Pricing Data and/or Data other than Certified, Defective Pricing, Data other than Certified, Indirect Rates and/or Incurred Cost Submissions, Bid & Proposal, Small Business, Hazardous Materials, Drug Free Workplace, "Green" Efforts (Printing, Waste Reduction, Pollution, Energy Efficiency), Recovered Material, Safety, Software, Utility Contracts, Contract Changes, Freight and/or Transportation, Termination/Cancellation, Mandatory Disclosure, Definitions, Category:Cost Accounting Standards (CAS), Audit and Records, Illegal or Improper Activity, Contractor Code of Business Ethics and Conduct, Definite-Quantity, Indefinite Quantity, or Requirements Contract, Gratuities, Conflicts of Interest, Anti-Kickback, Identity Verification, Approval of Contract, Security, Taxpayer Identification, Women-Owned Business, DUNS/SAM/CCR, Supplies, Equipment, Helium, Mandatory Sources of Supply or Services, Inverted Domestic Corporations, First Article Approval, Responsibility Matters, Market Research, Subcontract(s)/Subcontractor(s), Damages, Priority Rating, Quantity/Quantities, Material, Invoices and Payments, Disadvantaged, Small, Disabled, Veteran or Women Owned or HUBZone Business, Facilities Capital Cost of Money, Post Retirement Benefits and/or Pension, Ownership, Order of Precedence, Performance, Make or Buy, Contract Type, Letter Contract, Award(s), Economic Price Adjustment, Price Redetermination, Fee, Options, Envirnomental, Privacy, Buy American, Foreign, Patents, Licenses, Data Rights, and Royalties, Insurance, Bond, Taxes and/or Duties) for this property.
ProcurementType:
Contract Threshold:
Prescription Overview:
Clause Overview:

(a)

  • (1) The Government may, subject to paragraphs (c) and (d) of this clause, by written Notice of Default to the Contractor, terminate this contract in whole or in part if the Contractor fails to—
    • (i) Perform the work under the contract within the time specified in this contract or any extension;
    • (ii) Prosecute the work so as to endanger performance of this contract (but see paragraph (a)(2) of this clause); or
    • (iii) Perform any of the other provisions of this contract (but see paragraph (a)(2) of this clause).
  • (2) The Government’s right to terminate this contract under subdivisions (a)(1)(ii) and (iii) of this clause may be exercised if the Contractor does not cure such failure within 10 days (or more, if authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure.


(b) If the Government terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, work similar to the work terminated, and the Contractor will be liable to the Government for any excess costs for the similar work. However, the Contractor shall continue the work not terminated.


(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor.


(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule or other performance requirements.


(e) If this contract is terminated for default, the Government may require the Contractor to transfer title and deliver to the Government, as directed by the Contracting Officer, any (1) completed or partially completed work not previously delivered to, and accepted by, the Government and (2) other property, including contract rights, specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the Government has an interest.


(f) The Government shall pay the contract price, if separately stated, for completed work it has accepted and the amount agreed upon by the Contractor and the Contracting Officer for (1) completed work for which no separate price is stated, (2) partially completed work, (3) other property described above that it accepts, and (4) the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss from outstanding liens or claims of former lien holders.


(g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government.


(h) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.

Important Notes/Requirements:
Subcontract Threshold:
Incorporated by Reference:Yes
Uniform Contract Format:I
Editor:Marshall

Personal notes.

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