[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

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

[CITE: 48CFR749.111-71]



[Page 50-51]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

             CHAPTER 7--AGENCY FOR INTERNATIONAL DEVELOPMENT

 

PART 749_TERMINATION OF CONTRACTS--Table of Contents

 

                    Subpart 749.1_General Principles

 

Sec. 749.111-71  Required review and approval.



    (a) When required. The USAID Settlement Review Board shall receive 

and approve all USAID/W and Mission proposed settlements or 

determinations if:



[[Page 51]]



    (1) The amount of settlement, by agreement or determination, 

involves $100,000 or more;

    (2) The settlement or determination is limited to adjustment of the 

fee of a cost-reimbursement contract or subcontract and: (i) In the case 

of complete termination, the fee, as adjusted, with respect to the 

terminated portion of the contract or subcontract is $100,000 or more; 

or (ii) in the case of a partial termination, the fee, as adjusted, with 

respect to the terminated portion of the contract or subcontract is 

$100,000 or more;

    (3) The head of the contracting activity concerned determines that a 

review of a specific case or class of cases is desirable; or

    (4) The contracting officer, in his/her discretion, desires review 

by the board.

    (b) Level of review. Proposed settlements in excess of $5 million 

shall be reviewed and approved by a board consisting of the M/OP 

Director, the General Counsel, and the Controller, without power of 

redelegation.

    (c) Submission of information. The contracting officer shall submit 

to the board a statement of the proposed settlement agreement or 

determination, supported by such detailed information as is required for 

an adequate review. This information should normally include copies of: 

(1) The contractor's or subcontractor's settlement proposal, (2) the 

audit report, (3) the property disposal report and any required 

approvals in connection therewith, and (4) the contracting officer's 

memorandum explaining the settlement. The board may, in its discretion, 

require the submission of additional information.



[49 FR 13256, Apr. 3, 1984, as amended at 57 FR 5236, Feb. 13, 1992; 59 

FR 33446, June 29, 1994; 64 FR 42040, Aug. 3, 1999]