Who is responsible for negotiating any termination settlement with a contractor?
the termination contracting officer (TCO)(d) After the contracting officer issues a notice of termination, the termination contracting officer (TCO) is responsible for negotiating any settlement with the contractor, including a no-cost settlement if appropriate.
When changes are made to a contract the government must determine?
When changes are made to a contract, the government must determine if the change is within scope. In plain English that means the work falls under the basic intent of the original contract. The COR should work with the Contracting Officer if the COR identifies a need to change the current contract.
What are the three types of terminations for government contracts?
52.249-1: Termination for Convenience of the Government (Fixed-Price) (Short Form) 52.249-2: Termination for Convenience of the Government (Fixed-Price) 52.249-3: Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements)
What is a no-cost settlement?
(a) The contractor has not incurred costs for the terminated portion of the contract or. (b) The contractor is willing to waive the costs incurred and. (c) No amounts are due the Government under the contract.
What are the two types of contract modifications?
Contract modifications are of the following types:(a) Bilateral. ... (1) Make negotiated equitable adjustments resulting from the issuance of a change order;(2) Definitize letter contracts; and.(3) Reflect other agreements of the parties modifying the terms of contracts.(b) Unilateral. ... (1) Make administrative changes;More items...
How do you determine if a change is within scope?
to be determined by examining whether the alteration is within the scope of the competition which was originally conducted. Ordinarily, a modification falls within the scope of the procurement provided that it is of a nature which potential offerors would have reasonably anticipated under the changes clause.
What happens after contract termination?
In case of termination by breach, it is essential to balance the rights of both the parties and settle the matter with equitable consequences for both sides. The remedies for the breach or termination of contract include damages, quantum meruit, suit for rescission, specific performance and injunction.
What contractor actions can justify a termination for default?
Termination for defaultAttempted fraud.Failure to meet quality requirements.Failure to deliver the supplies or perform the services within the time specified in the contract.Failure to make progress and that failure endangers performance of the contract.Failure to perform any other provisions of the contract.
What information must be included in the termination notification to the contractor?
(i) The notice shall include the following information about the terminated order: (A) Name and address of the contractor. (B) Schedule, contract, and order number. (C) Line item number(s) and a brief description of the item(s).
What is termination for cause far?
A Termination for Default is the complete or partial termination of a contract because of a contractor's actual or anticipated failure to meet its contractual obligations.
How do I revive an expired contract?
Once an agreement has expired, you can't revive it. In legal terms, it no longer exists. What you can do, however, is create a new document with a new term. If both parties agree to it, the start of the new term can be backdated so that there is no period of time in which they are not covered by the contract.
What are excess Reprocurement costs?
The excess costs of reprocurement are the difference between the price of the affected deliverables in the defaulted contract and what the Government pays to reprocure the supplies or services or complete the work.
What is a constructive change in government contracting?
Definition. An oral or written act or omission by the contracting officer or other authorized Government official that is construed as having the same effect as a written change order. A Government informal order can be defined as words or deeds excluding advice, comments, suggestions, or opinions.
Is required for changes to or the addition of contract financing after award?
Adequate new consideration is required for changes to, or the addition of, contract financing after award. (b) Amount of new consideration. The contractor may provide new consideration by monetary or nonmonetary means, provided the value is adequate.
When must a Disaffirmance of a contract based on minority occur?
When must a disaffirmance of a contract based on minority occur? Before or within a reasonable time of the minor reaching the age of majority.
Is the agreement between Bekah and Fatima enforceable?
Would the agreement between Bekah and Fatima be enforceable? Yes, because all types of gambling are not illegal in the state.