(3) Mark each applicable settlement agreement with „This Settlement Agreement contains a reservation“ and keep the contract record until the reservation is withdrawn; (3) If the basis of the total cost is used in the context of a partial termination, the proposal for a settlement shall be submitted only after the conclusion of the continuous part of the contract. The proposed transaction shall be drawn up in accordance with point (b)(2) of this Section, except that all costs incurred up to the conclusion of the continuing part of the contract shall be included. (c) a TCO granting the authorisation referred to in point (a)(1) of this Section shall periodically (at least once a year) carry out a selective examination of the comparison and composition procedures in order to determine whether the contractor carries out appropriate examinations and fair comparisons and whether the authorisation should remain in force; The TCO seeks the advice and recommendations of the appropriate auditor and the Cognizant plant`s licensing authority. If it is determined that the Contractor`s procedures are not appropriate or that inappropriate billing is being made, or if the authority has not been used within the last 2 years, the Total Cost of Ownership will revoke the approval by written notice to the Contractor with effect from the date of receipt. Many contracts give one or both parties the express right to terminate the contract if certain events occur. B, for example, if the other party materially or repeatedly violates the contract or enters into insolvency, becomes insolvent (or runs the risk of becoming insolvent) or ceases its activities. (b) Policy. A contract agent shall exercise the right of the Government to terminate a contract for commercial goods or services, either for reasons of convenience or for cause, only if such termination would be in the best interests of the Government. The contract agent should consult a lawyer before dismissal for cause. If you`ve fallen out with someone in business, your first reaction may be to terminate your contract with them, but this could be a costly mistake without first looking at the legal grounds for terminating the contract. Indeed: (1) The Contractor shall affix the following certificate to the supporting documents or partial payment invoices: (B) the eviction agent competent with regard to the adequacy of the Contractor`s procedures and staff for the management of land transfer matters; (2) Overpayment under research and development contracts for the reimbursement of costs without profit or fees, if the overpayments are reimbursed to the government within 30 days of the request.
(1) Disclosure of all inventions, discoveries and patent applications made in connection with the performance of the contract. The following notice of termination is offered for use when a supply contract is terminated for convenience. With appropriate modifications, it can be used in the termination of contracts for non-deliveries and in the termination of subcontracts. This notification must be sent by registered mail, acknowledgment of receipt or electronically, provided that proof of receipt is received by the customer. If no prior electronic notice has been issued or if no confirmation of an electronic communication has been received, use the alternative notice that follows that notice. (4) that completed deliveries or services may be purchased on behalf of the contractor and that the contractor is responsible for all additional costs; For example, if you wish to have the right to terminate without giving reasons for the termination of the contract, it is preferable to include a contractual clause in the contract that gives you the express right to terminate with a specific notice period, but without giving a reason for termination. For example, you can invoke this right if you no longer need the contracted services due to a change in market conditions. (ii) the subcontractor has received a similar certificate from each direct subcontractor whose tender has been included in its proposal. c) If the supply and service requirement in the contract no longer exists and the contractor is not liable to the government for damages under 49.402-7, enter into an open termination agreement using formats 49.603-6 and 49.603-7 for illustrative purposes. 49.206-1 Submission of comparative proposals. a) Subject to the provisions of the termination clause, the Contractor shall immediately submit to the TCO a settlement proposal for the amount claimed following the termination.
The final settlement proposal must be submitted within one year from the effective date of termination, unless the deadline is extended by the TCO. Termination fees in a single master transaction involving two or more of the prime contractor`s activities or shares may be consolidated and included in a single settlement proposal. (b) the proposal for a Regulation shall cover all cost elements, including settlements with subcontractors and any profit proposals; With the approval of the TCO, proposals may be submitted in successive stages covering individual parts of the contractor`s costs. These interim proposals shall cover all costs of a particular nature, unless the accounts approve otherwise. (c) Billing proposals must appear on the forms required by 49 602, unless the forms are insufficient for a particular contract. Accounting proposals must be supported in a reasonably detailed manner by adequate accounting data. Actual, standard (adjusted accordingly) or average costs may be used in the preparation of settlement proposals if they are determined according to generally accepted accounting principles that are systematically followed by the contractor. If the actual, standard or average costs are reasonably unavailable, the estimated costs may be used if the method used to determine the estimates is approved by the TCO. Contractors are not required to maintain overly sophisticated cost accounting systems simply because their contracts can be terminated retrospectively.
(d) The Contractor may use the Settlement Proposal (short form), SF 1438 (see 49.602-1(d) and 53.249), if the total proposal is less than $10,000, unless the total cost of ownership indicates otherwise. proposals for regulations that would normally be included in a single proposal for a regulation; For example, those based on a series of separate orders for the same item under a contract should be consolidated to the extent possible and not split to less than $10,000. (e) The accounting information schedule, SF 1439, shall be submitted for any termination under a contract for which a billing proposal is submitted, unless Standard Form 1438 is used. Although several provisional applications may be submitted, SF 1439 should only be submitted once, unless significant changes occur in the information submitted after the original form has been submitted. 49.206-2 Basis of comparison proposals. (a) the basis of existence. 1. Preference shall be given to the use of the inventory base for proposals for Regulations. On this basis, the Contractor may only propose costs attributable to the terminated portion of the Contract, and the settlement proposal must separately list: (i) metals, raw materials, purchased parts, work in progress, finished parts, components, dies, accessories, accessories and tools at the cost of purchase or manufacture; (ii) fees such as engineering, initial and administrative overheads; (iii) the cost of settlements with subcontractors; (iv) billing fees; and (v) Other appropriate fees. .