|
@@ -22,7 +22,7 @@
|
|
|
22
22
|
<li class="- topic/li ">
|
|
23
23
|
<p class="- topic/p " id="d3753e20">
|
|
24
24
|
<ph props="autonumber" class="- topic/ph ">(a)</ph>
|
|
25
|
-
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
|
|
25
|
+
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.</p>
|
|
26
26
|
</li>
|
|
27
27
|
<li class="- topic/li ">
|
|
28
28
|
<p class="- topic/p " id="d3753e25">
|
|
@@ -57,7 +57,7 @@
|
|
|
57
57
|
<li class="- topic/li ">
|
|
58
58
|
<p class="- topic/p " id="d3753e56">
|
|
59
59
|
<ph props="autonumber" class="- topic/ph ">(6)</ph>
|
|
60
|
-
As directed by the Contracting Officer, transfer title and deliver to the Government
|
|
60
|
+
As directed by the Contracting Officer, transfer title and deliver to the Government—</p>
|
|
61
61
|
<ol id="d3709e100" class="- topic/ol ">
|
|
62
62
|
<li class="- topic/li ">
|
|
63
63
|
<p class="- topic/p " id="d3753e62">
|
|
@@ -124,7 +124,7 @@
|
|
|
124
124
|
<li class="- topic/li ">
|
|
125
125
|
<p class="- topic/p " id="d3753e124">
|
|
126
126
|
<ph props="autonumber" class="- topic/ph ">(2)</ph>
|
|
127
|
-
The total of
|
|
127
|
+
The total of—</p>
|
|
128
128
|
<ol id="d3709e221" class="- topic/ol ">
|
|
129
129
|
<li class="- topic/li ">
|
|
130
130
|
<p class="- topic/p " id="d3753e130">
|
|
@@ -149,7 +149,7 @@
|
|
|
149
149
|
<li class="- topic/li ">
|
|
150
150
|
<p class="- topic/p " id="d3753e148">
|
|
151
151
|
<ph props="autonumber" class="- topic/ph ">(3)</ph>
|
|
152
|
-
The reasonable costs of settlement of the work terminated, including
|
|
152
|
+
The reasonable costs of settlement of the work terminated, including—</p>
|
|
153
153
|
<ol id="d3709e263" class="- topic/ol ">
|
|
154
154
|
<li class="- topic/li ">
|
|
155
155
|
<p class="- topic/p " id="d3753e154">
|
|
@@ -181,7 +181,7 @@
|
|
|
181
181
|
The cost principles and procedures of <xref href="Part_31.dita#FAR_Part_31"
|
|
182
182
|
base="i1086363"
|
|
183
183
|
outputclass="fm:Part"
|
|
184
|
-
class="- topic/xref ">part
|
|
184
|
+
class="- topic/xref ">part 31</xref> of the Federal Acquisition Regulation, in effect on the date of this contract, shall govern all costs claimed, agreed to, or determined under this clause.</p>
|
|
185
185
|
</li>
|
|
186
186
|
<li class="- topic/li ">
|
|
187
187
|
<p class="- topic/p " id="d3753e182">
|
|
@@ -191,7 +191,7 @@
|
|
|
191
191
|
<li class="- topic/li ">
|
|
192
192
|
<p class="- topic/p " id="d3753e187">
|
|
193
193
|
<ph props="autonumber" class="- topic/ph ">(k)</ph>
|
|
194
|
-
In arriving at the amount due the Contractor under this clause, there shall be deducted
|
|
194
|
+
In arriving at the amount due the Contractor under this clause, there shall be deducted—</p>
|
|
195
195
|
<ol id="d3709e334" class="- topic/ol ">
|
|
196
196
|
<li class="- topic/li ">
|
|
197
197
|
<p class="- topic/p " id="d3753e193">
|
|
@@ -231,14 +231,14 @@
|
|
|
231
231
|
If the total payments exceed the amount finally determined to be due, the Contractor shall repay the excess to the Government upon demand, together with interest computed at the rate established by the Secretary of the Treasury under <xref href="http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3"
|
|
232
232
|
format="html"
|
|
233
233
|
scope="external"
|
|
234
|
-
class="- topic/xref ">50 U.S.C. App.1215(b)(2)</xref>. Interest shall be computed for the period from the date the excess payment is received by the Contractor to the date the excess is repaid. Interest shall not be charged on any excess payment due to a reduction in the Contractor
|
|
234
|
+
class="- topic/xref ">50 U.S.C. App.1215(b)(2)</xref>. Interest shall be computed for the period from the date the excess payment is received by the Contractor to the date the excess is repaid. Interest shall not be charged on any excess payment due to a reduction in the Contractor's termination settlement proposal because of retention or other disposition of termination inventory until 10 days after the date of the retention or disposition, or a later date determined by the Contracting Officer because of the circumstances.</p>
|
|
235
235
|
</li>
|
|
236
236
|
</ol>
|
|
237
237
|
</li>
|
|
238
238
|
<li class="- topic/li ">
|
|
239
239
|
<p class="- topic/p " id="d3753e232">
|
|
240
240
|
<ph props="autonumber" class="- topic/ph ">(n)</ph>
|
|
241
|
-
Unless otherwise provided in this contract or by statute, the Contractor shall maintain all records and documents relating to the terminated portion of this contract for 3 years after final settlement. This includes all books and other evidence bearing on the Contractor
|
|
241
|
+
Unless otherwise provided in this contract or by statute, the Contractor shall maintain all records and documents relating to the terminated portion of this contract for 3 years after final settlement. This includes all books and other evidence bearing on the Contractor's costs and expenses under this contract. The Contractor shall make these records and documents available to the Government, at the Contractor's office, at all reasonable times, without any direct charge. If approved by the Contracting Officer, photographs, microphotographs, or other authentic reproductions may be maintained instead of original records and documents.</p>
|
|
242
242
|
</li>
|
|
243
243
|
</ol>
|
|
244
244
|
<p class="- topic/p " outputclass="Endofclause">(End of clause)</p>
|
|
@@ -247,14 +247,14 @@
|
|
|
247
247
|
<i class="+ topic/ph hi-d/i ">Alternate I </i>
|
|
248
248
|
<ph outputclass="SmCaps">(Sept 1996)</ph>. If the contract is for construction, substitute the following paragraph (g) for paragraph (g) of the basic clause:</p>
|
|
249
249
|
<p class="- topic/p " outputclass="List1">(g) If the Contractor and Contracting Officer fail to agree on the whole amount to be paid the Contractor because of the termination of work, the Contracting Officer shall pay the Contractor the amounts determined as follows, but without duplication of any amounts agreed upon under paragraph (f) of this clause:</p>
|
|
250
|
-
<p class="- topic/p " outputclass="List2">(1) For contract work performed before the effective date of termination, the total (without duplication of any items) of
|
|
250
|
+
<p class="- topic/p " outputclass="List2">(1) For contract work performed before the effective date of termination, the total (without duplication of any items) of—</p>
|
|
251
251
|
<p class="- topic/p " outputclass="List3">(i) The cost of this work;</p>
|
|
252
252
|
<p class="- topic/p " outputclass="List3">(ii) The cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the contract if not included in subdivision (g)(1)(i) of this clause; and</p>
|
|
253
253
|
<p class="- topic/p " outputclass="List3">(iii) A sum, as profit on subdivision (g)(1)(i) of this clause, determined by the Contracting Officer under <xref href="49.202.dita#FAR_49_202"
|
|
254
254
|
base="i1068337"
|
|
255
255
|
outputclass="fm:ParaNumOnly"
|
|
256
256
|
class="- topic/xref ">49.202</xref> of the Federal Acquisition Regulation, in effect on the date of this contract, to be fair and reasonable; however, if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, the Contracting Officer shall allow no profit under this subdivision (g)(1)(iii) and shall reduce the settlement to reflect the indicated rate of loss.</p>
|
|
257
|
-
<p class="- topic/p " outputclass="List2">(2) The reasonable costs of settlement of the work terminated, including
|
|
257
|
+
<p class="- topic/p " outputclass="List2">(2) The reasonable costs of settlement of the work terminated, including—</p>
|
|
258
258
|
<p class="- topic/p " outputclass="List3">(i) Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data;</p>
|
|
259
259
|
<p class="- topic/p " outputclass="List3">(ii) The termination and settlement of subcontracts (excluding the amounts of such settlements); and</p>
|
|
260
260
|
<p class="- topic/p " outputclass="List3">(iii) Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the termination inventory.</p>
|
|
@@ -269,14 +269,14 @@
|
|
|
269
269
|
<i class="+ topic/ph hi-d/i ">Alternate III </i>
|
|
270
270
|
<ph outputclass="SmCaps">(Sept 1996)</ph>. If the contract is for construction and with an agency of the U.S. Government or with State, local, or foreign governments or their agencies, substitute the following paragraph (g) for paragraph (g) of the basic clause. Paragraph (m)(2) may be deleted from the basic clause if the Contracting Officer determines that the requirement to pay interest on excess partial payments is inappropriate.</p>
|
|
271
271
|
<p class="- topic/p " outputclass="List1">(g) If the Contractor and Contracting Officer fail to agree on the whole amount to be paid the Contractor because of the termination of work, the Contracting Officer shall pay the Contractor the amounts determined as follows, but without duplication of any amounts agreed upon under paragraph (f) of this clause:</p>
|
|
272
|
-
<p class="- topic/p " outputclass="List2">(1) For contract work performed before the effective date of termination, the total (without duplication of any items) of
|
|
272
|
+
<p class="- topic/p " outputclass="List2">(1) For contract work performed before the effective date of termination, the total (without duplication of any items) of—</p>
|
|
273
273
|
<p class="- topic/p " outputclass="List3">(i) The cost of this work;</p>
|
|
274
274
|
<p class="- topic/p " outputclass="List3">(ii) The cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the contract if not included in subdivision (g)(1)(i) of this clause; and</p>
|
|
275
275
|
<p class="- topic/p " outputclass="List3">(iii) A sum, as profit on subdivision (g)(1)(i) of this clause, determined by the Contracting Officer under <xref href="49.202.dita#FAR_49_202"
|
|
276
276
|
base="i1068337"
|
|
277
277
|
outputclass="fm:ParaNumOnly"
|
|
278
278
|
class="- topic/xref ">49.202</xref> of the Federal Acquisition Regulation, in effect on the date of this contract, to be fair and reasonable; however, if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, the Contracting Officer shall allow no profit under this subdivision(iii) and shall reduce the settlement to reflect the indicated rate of loss.</p>
|
|
279
|
-
<p class="- topic/p " outputclass="List2">(2) The reasonable costs of settlement of the work terminated, including
|
|
279
|
+
<p class="- topic/p " outputclass="List2">(2) The reasonable costs of settlement of the work terminated, including—</p>
|
|
280
280
|
<p class="- topic/p " outputclass="List3">(i) Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data;</p>
|
|
281
281
|
<p class="- topic/p " outputclass="List3">(ii) The termination and settlement of subcontracts (excluding the amounts of such settlements); and</p>
|
|
282
282
|
<p class="- topic/p " outputclass="List3">(iii) Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the termination inventory.</p>
|