Difference between revisions of "FAR 52.249-5 - Termination for Convenience of the Government (Educational and Other Nonprofit Institutions)"
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|EffectiveDate=1996/09/01 | |EffectiveDate=1996/09/01 | ||
|ClauseorProvision=Clause | |ClauseorProvision=Clause | ||
− | |||
|Prescribedin=49.502(d) | |Prescribedin=49.502(d) | ||
− | | | + | |TypeofContractApplicable=Cost Reimbursement, R&D; Fixed Price, R&D; Simplified Acquisition Procedures (Excludes Micro-Purchase) |
− | |CCSubject= | + | |TypeofContractOptional=Utility Services; Facilities; Indefinite Delivery; Dismantling, Demolition or Removal of Improvements; Leasing of Motor Vehicles; Fixed Price, Construction; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Service; Fixed Price, Supply; Cost Reimbursement, Supply; Cost Reimbursement, Service |
− | | | + | |CCSubject=Termination/Cancellation |
− | |FARClauseOverview='''(a)''' The Government may terminate performance of work under this contract in whole or, from time to time, in part if the Contracting Officer determines that a termination is in the Government’s interest. The Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date. | + | |PrescriptionOverview===Prescription== |
+ | |FARClauseOverview===Clause== | ||
+ | |||
+ | '''(a)''' The Government may terminate performance of work under this contract in whole or, from time to time, in part if the Contracting Officer determines that a termination is in the Government’s interest. The Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date. | ||
'''(b)''' After receipt of a Notice of Termination and except as directed by the Contracting Officer, the Contractor shall immediately proceed with the following obligations: | '''(b)''' After receipt of a Notice of Termination and except as directed by the Contracting Officer, the Contractor shall immediately proceed with the following obligations: | ||
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− | + | (1) Stop work as specified in the notice. | |
− | + | ||
− | + | (2) Place no further subcontracts or orders (referred to as subcontracts in this clause), except as necessary to complete the continued portion of the contract. | |
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− | + | (3) Terminate all applicable subcontracts and cancel or divert applicable commitments covering personal services that extend beyond the effective date of termination. | |
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− | + | (4) Assign to the Government, as directed by the Contracting Officer, all right, title, and interest of the Contractor under the subcontracts terminated, in which case the Government shall have the right to settle or pay any termination settlement proposal arising out of those terminations. | |
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− | + | (5) With approval or ratification to the extent required by the Contracting Officer, settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts; approval or ratification will be final for purposes of this clause. | |
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+ | (6) Transfer title (if not already transferred) and, as directed by the Contracting Officer, deliver to the Government any information and items that, if the contract had been completed, would have been required to be furnished, including— | ||
+ | *(i) Materials or equipment produced, in process, or acquired for the work terminated; and | ||
+ | |||
+ | *(ii) Completed or partially completed plans, drawings, and information. | ||
+ | |||
+ | (7) Complete performance of the work not terminated. | ||
+ | |||
+ | (8) Take any action that may be necessary, or that the Contracting Officer may direct, for the protection and preservation of the property related to this contract that is in the possession of the Contractor and in which the Government has or may acquire an interest. | ||
+ | |||
+ | (9) Use its best efforts to sell, as directed or authorized by the Contracting Officer, termination inventory other than that retained by the Government under paragraph (b)(6) of this clause; provided, however, that the Contractor (i) is not required to extend credit to any purchaser and (ii) may acquire the property under the conditions prescribed by, and at prices approved by, the Contracting Officer. The proceeds of any transfer or disposition will be applied to reduce any payments to be made by the Government under this contract, credited to the price or cost of the work, or paid in any other manner directed by the Contracting Officer. | ||
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− | '''(h)''' The Contractor has the right of appeal as provided under the Disputes clause, except that if the Contractor failed to submit the termination settlement proposal within the time provided in paragraph (d) of this clause and failed to request a time extension, there is no right of appeal. | + | '''(h)''' The Contractor has the right of appeal as provided under the Disputes clause, except that if the Contractor failed to submit the termination settlement proposal within the time provided in paragraph (d) of this clause and failed to request a time extension, there is no right of appeal. |
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|ImportantNotesRequirements=[[Category:FAR 52 - Solicitation Provisions and Contract Clauses]] | |ImportantNotesRequirements=[[Category:FAR 52 - Solicitation Provisions and Contract Clauses]] | ||
|IncorporatedbyReference=Yes | |IncorporatedbyReference=Yes | ||
|UniformContractFormat=I | |UniformContractFormat=I | ||
|Editor=Marshall | |Editor=Marshall | ||
+ | |ProvisionClauseNumberAlternate=52.249-5 | ||
+ | |ProvisionClauseDescription=- | ||
|Checked=no | |Checked=no | ||
|HasTermDate=2014/03/31 | |HasTermDate=2014/03/31 |
Latest revision as of 14:20, 3 January 2015
Prescribed in 49.502(d) | |
Effective Date: | 1 September 1996 |
Clause or Provision: | Clause |
Provision or Clause Number: | 52.249-5 - Termination for Convenience of the Government (Educational and Other Nonprofit Institutions) |
Principle Type And/Or Purpose of Contract: | |
Required: | |
Applicable: | Cost Reimbursement, R&D; Fixed Price, R&D; Simplified Acquisition Procedures (Excludes Micro-Purchase) |
Optional: | Utility Services; Facilities; Indefinite Delivery; Dismantling, Demolition or Removal of Improvements; Leasing of Motor Vehicles; Fixed Price, Construction; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Service; Fixed Price, Supply; Cost Reimbursement, Supply; Cost Reimbursement, Service |
Subject: | Termination/Cancellation |
ProcurementType: | |
Contract Threshold: | |
Prescription Overview: |
Prescription |
Clause Overview: |
Clause(a) The Government may terminate performance of work under this contract in whole or, from time to time, in part if the Contracting Officer determines that a termination is in the Government’s interest. The Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date.
(1) Stop work as specified in the notice. (2) Place no further subcontracts or orders (referred to as subcontracts in this clause), except as necessary to complete the continued portion of the contract. (3) Terminate all applicable subcontracts and cancel or divert applicable commitments covering personal services that extend beyond the effective date of termination. (4) Assign to the Government, as directed by the Contracting Officer, all right, title, and interest of the Contractor under the subcontracts terminated, in which case the Government shall have the right to settle or pay any termination settlement proposal arising out of those terminations. (5) With approval or ratification to the extent required by the Contracting Officer, settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts; approval or ratification will be final for purposes of this clause. (6) Transfer title (if not already transferred) and, as directed by the Contracting Officer, deliver to the Government any information and items that, if the contract had been completed, would have been required to be furnished, including—
(7) Complete performance of the work not terminated. (8) Take any action that may be necessary, or that the Contracting Officer may direct, for the protection and preservation of the property related to this contract that is in the possession of the Contractor and in which the Government has or may acquire an interest. (9) Use its best efforts to sell, as directed or authorized by the Contracting Officer, termination inventory other than that retained by the Government under paragraph (b)(6) of this clause; provided, however, that the Contractor (i) is not required to extend credit to any purchaser and (ii) may acquire the property under the conditions prescribed by, and at prices approved by, the Contracting Officer. The proceeds of any transfer or disposition will be applied to reduce any payments to be made by the Government under this contract, credited to the price or cost of the work, or paid in any other manner directed by the Contracting Officer.
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Important Notes/Requirements: | |
Subcontract Threshold: | |
Incorporated by Reference: | Yes |
Uniform Contract Format: | I |
Editor: | Marshall |
Personal notes.