FAR 52.241-10 - Termination Liability
Prescribed in 41.501(d)(4) | ||
Effective Date: | 1 February 1995 | |
Clause or Provision: | Clause | |
Provision or Clause Number: | 52.241-10 - Termination Liability | |
Principle Type And/Or Purpose of Contract: | ||
Required: | ||
Applicable: | Utility Services | |
Optional: | Simplified Acquisition Procedures (Excludes Micro-Purchase); 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; Cost Reimbursement, Supply; Cost Reimbursement, Service | |
Subject: | Utility Contracts | |
ProcurementType: | ||
Contract Threshold: | ||
Prescription Overview: |
Prescription | |
Clause Overview: |
Clause(a) If the Government discontinues utility service under this contract before completion of the facilities cost recovery period specified in paragraph (b) of this clause, in consideration of the Contractor furnishing and installing at its expense, the new facility described herein, the Government shall pay termination charges, calculated as set forth in this clause.
(b) Facility cost recovery periodThe period of time, not exceeding the term of this contract, during which the net cost of the new facility shall be recovered by the Contractor is ______ months. [Insert negotiated duration.] (c) Net Facility CostThe cost of the new facility, less the agreed upon salvage value of such facility, is $_______. [Insert appropriate dollar amount.] (d) Monthly Facility Cost Recovery RateThe monthly facility cost recovery rate which the Government shall pay the Contractor whether or not service is received is $_____. [Divide the net facility cost in paragraph (c) of this clause by the facility’s cost recovery period in paragraph (b) of this clause and insert the resultant figure.] (e) Termination chargesTermination charges = $____. [Multiply the remaining months of the facility's cost recovery period specified in paragraph (b) of this clause by the monthly facility cost recovery rate in paragraph (d) of this clause and insert the resultant figure.] (f) If the Contractor has recovered its capital costs at the time of termination there will be no termination liability charge. | |
Important Notes/Requirements: |
Only applicable to Utility Contracts | |
Subcontract Threshold: | ||
Incorporated by Reference: | No | |
Uniform Contract Format: | I | |
Editor: | Marshall |
Personal notes.