[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR49]



[Page 923]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 49_TERMINATION OF CONTRACTS--Table of Contents

 

                     Subpart 49.1_General Principles

 

49.102  Notice of termination.



    (a) General. The contracting officer shall terminate contracts for 

convenience or default only by a written notice to the contractor (see 

49.601). When the notice is mailed, it shall be sent by certified mail, 

return receipt requested. When the contracting office arranges for hand 

delivery of the notice, a written acknowledgment shall be obtained from 

the contractor. The notice shall state--

    (1) That the contract is being terminated for the convenience of the 

Government (or for default) under the contract clause authorizing the 

termination;

    (2) The effective date of termination;

    (3) The extent of termination;

    (4) Any special instructions; and

    (5) The steps the contractor should take to minimize the impact on 

personnel if the termination, together with all other outstanding 

terminations, will result in a significant reduction in the contractor's 

work force (see paragraph (g) of the notice in 49.601-2). If the 

termination notice is by telegram, include these steps in the confirming 

letter or modification.

    (b) Distribution of copies. The contracting officer shall 

simultaneously send the termination notice to the contractor, and a copy 

to the contract administration office and to any known assignee, 

guarantor, or surety of the contractor.

    (c) Amendment of termination notice. The contracting officer may 

amend a termination notice to--

    (1) Correct nonsubstantive mistakes in the notice;

    (2) Add supplemental data or instructions; or

    (3) Rescind the notice if it is determined that items terminated had 

been completed or shipped before the contractor's receipt of the notice.

    (d) Reinstatement of terminated contracts. Upon written consent of 

the contractor, the contracting office may reinstate the terminated 

portion of a contract in whole or in part by amending the notice of 

termination if it has been determined in writing that--

    (1) Circumstances clearly indicate a requirement for the terminated 

items; and

    (2) Reinstatement is advantageous to the Government.