48 CFR Part 649 — Termination of Contracts

PART 649—TERMINATION OF CONTRACTS Authority: 22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter 1. Source: 59 FR 66767, Dec. 28, 1994, unless otherwise noted. Subpart 649.1—General Principles 649.101 Authorities and responsibilities. 649.101-70 Termination action decisions after debarment. (a) Prior to making a decision to terminate, based on the consideration listed below, the contracting officer shall have the proposed action reviewed and approved by: (1) The Office of the Legal Adviser; (2) An individual one level above the contracting officer; and (3) For overseas posts, A/OPE. (b) Termination for default. (c) Termination for convenience or cancellation. (1) Seriousness of the cause for debarment or suspension; (2) Extent of contract performance; (3) Potential costs to the Government; (4) Urgency of the requirement and the impact of the delay; and/or (5) Availability of other safeguards to protect the Government's interests. [53 FR 26165, July 11, 1988, as amended at 59 FR 66756, Dec. 28, 1994. Redesignated at 81 FR 51125, Aug. 3, 2016] 649.106 Fraud or other criminal conduct. If the Contracting Officer (CO) suspects fraud or other criminal conduct related to the settlement of a terminated contract, the CO shall discontinue negotiations and report the facts to the Office of the Inspector General. [59 FR 66767, Dec. 28, 1994, as amended at 80 FR 6923, Feb. 9, 2015] 649.111 Review of proposed settlements. All proposed termination settlements shall be reviewed and approved by the Office of the Legal Adviser for legal sufficiency. In addition, (a) All proposed termination settlements from domestic contracting activities shall be approved by the head of the contracting activity, with the exception of termination settlements on simplified acquisitions and no-cost termination settlements; and, (b) All proposed termination settlements from overseas contracting activities shall be approved by the Procurement Executive. [80 FR 6924, Feb. 9, 2015]

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