MGT 502 Final

FAR part 49

Termination clause

A certificate which alters or otherwise deviates from the language in 33.207(c) or which is not executed by a person duly authorized to bind the contractor with respect to the claim.

A material disagreement between the government and the contractor

* May result in a claim
* Is all or part of existing claim

A false statement of a substantive fact, or any conduct which leads to the belief of a substantive fact material to proper understanding of the matter in hand, made with intent to deceive or mislead.

Establishes procedures and requirements for asserting and resolving claims subject to the act

1. Payment of interest on contractor claims
2. Certification of contractor claims
3. Civil penalty for contractor claims that are fraudulent or based on a misrepresentation of fact

It applies to express or implied contracts covered by FAR

No matter how well written the contract agreement, or how experienced the project team, there will always be instances when one party will interpret the contract requirement differently.

Contract Disputes Act applies to any express or implied contract covered by the FAR unless
1. The contract is with a foreign government or agency of that government or,
2. An international organization or subsidiary body of that organization if the agency head determines that the application of the act to the contract WOULD NOT be in the public interest

A written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract

The contractor

The KO has the authority to resolve claims arising under/relating the contract and subject to the Contract Disputes Act

Yes, both the contractor and the KO can take it to the court system ( court of Federal Claims)

60 days ( can be extended)

The contractor

$ 100 K

* A defective certification shall not deprive court or an agency BCA or jurisdiction over that claim

* Prior to the entry of a final judgement by a court or a decision by an agency BCA( Board of Contract Appeals),however, the court or agency BCA shall require a defective certification to be corrected.

ADR objective is to increase the opportunity for relatively inexpensive and expeditious resolution of issues in controversy.

1. Existence of an issue in controversy
2. Voluntary election by both participating in the ADR process
3. An agreement on alternative procedures to be used in lieu of formal litigation
4. Participation by both parties who have resolution authority

The process of completing and settling the terms of the contract and determining whether the work described in the contract was completed accurately and satisfactorily.

1. De obligating excess funds
2. Identifies need for additional funds
3. Allows affected activities to concentrate on current and future requirements.

DD 1597

1. Termination for conveince
2. Termination for default

Cure Notice

10 days

yes

The exercise of the Government's right to completely or partially terminate performance of work under a contract when it is in the Government's interest.

the exercise of the Government's right to completely or partially terminate a contract because of the contractor's actual or anticipated failure to perform its contractual obligations

the exercise of the Government's right to terminate a contract because of the contractor's failure to deliver goods / services or otherwise breaches a COMMERCIAL contract

A written agreement in the form of a contract modification settling all or a severable portion of a settlement proposal

If the contractor fails to:
1. Make delivery of the supplies or perform the services within the time specified in the contract
2. Perform any other provision of the contract
3. Make progress and that failure endangers performance of the contract

1. Changes in situations and technology
2. Lack of funds
3. Termination is in the best interest of the government

The contractor may recover
1. Its performance costs incurred to the date of termination
2. Certain costs that continue after the date of termination
3. Termination expenses
4. Profit or fee for the work performed

NO

1. Deobligate the funds
2. Identify the need for additional funds
3. Concentrate on current and future requirements

1. The contractor has completed required deliveries and the government has INSPECTED and ACCEPTED

2. The contractor has performed all services and the government has accepted
3. All option provisions have expired
4. The government has given the contractor a notice of complete contract termination

Government:
1. Accepts final delivery
2. Puts final DD250 or SF 1449
3. Validation of the quantity ordered and delivered
4. Reconciliation between ordered and delivered items
5. Initial review and removal of excess funds
6. Initiate DD Form 1597 and accomplish actions

Material Inspection and Receiving Report

Contract closeout checklist

Contract completion statement

1. Unresolved value engineering issues
2. Final indirect cost rates
3. Questionable costs
4. Termination statement
5. Outstanding claims or disputes