[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: 48CFR801.602-2]



[Page 140]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 8--DEPARTMENT OF VETERANS AFFAIRS

 

PART 801_VETERANS AFFAIRS ACQUISITION REGULATIONS SYSTEM--Table of Contents

 

      Subpart 801.6_Career Development, Contracting Activity, and 

                            Responsibilities

 

Sec. 801.602-2  Responsibilities.



    (a) In the administration of a contract, many problems can and do 

arise that make the advice and assistance of the General Counsel either 

desirable or necessary. The final decision as to the action to be taken, 

however, must be made by the contracting officer in each instance. To 

reduce to the absolute minimum the possibility of litigation resulting 

from his/her decision, the contracting officer shall, except as provided 

in paragraph (c) of this section, submit the problem through channels in 

sufficient detail to the General Counsel for advice or assistance.

    (b) While legal review and concurrence of the General Counsel is 

required prior to a default termination, in some cases where a quick 

response is necessary, this review can be expedited by express mailing 

or telefaxing the default letter and related documents which are 

required to make an evaluation directly to the General Counsel (025). 

The default termination letter should contain, at a minimum, the 

following:

    (1) The proposed termination (FAR 49.102);

    (2) An explanation of what necessitated the default, including the 

reasons why the contracting officer considers the contractor to be in 

default;

    (3) A statement that the factors set forth in FAR 49.402-3(f) have 

been fully considered; and

    (4) Final decision language and appeal rights.

    (c) Contracts containing a mutual termination clause may be 

terminated without reference to the General Counsel.



[49 FR 12583, Mar. 29, 1984, as amended at 54 FR 31962, Aug. 3, 1989]