Fun with the FAR Part 49

1. Prime contractors are required to use guidance in FAR Part 49 to settle subcontracts terminated as a result of modification/termination of a prime contract. FAR 49.002(b).

2. A contracting officer must obtain the prior approval of his/her “contracting office” prior to issuing a show cause or cure notice to a contractor. FAR 49.402-3(b).

3. In the event of a “partial” termination, the contractor may request an equitable adjustment in the price or prices of the continued portion of a fixed price contract. FAR 49.208.

4. The Government is strictly prohibited from paying for anticipatory profits and consequential damages as part of a termination settlement agreement. FAR 49.202(a).

5. The “Excusable Delays” clause set forth at FAR 52.249-14 is not required to be included in a firm fixed priced type contract. FAR 49.505(b).

6. Sample cure notices, show cause notices, termination notices, and termination settlement agreements can all be found at FAR 49.6.

Related Post

Season 11: Episode 6: FAR Facts

Hello and thank you for joining us for Episode 5 of Fun with the FAR Season 11! In our next session, we will cover FAR Parts 4 (Administrative and Information Matters) and  24 (Protection of Privacy and Freedom of Information!) As we prepare for our 6th episode of...

Season 11: Episode 5: FAR Facts

Hello and thank you for joining us for Episode 5 of Fun with the FAR Season 11! In our next session, we will cover FAR Parts 8 (Required Sources of Supplies and Services), 38 (Federal Supply Schedule Contracting), 39 (Acquisition of Information Technology), and 51(Use...

Season 11: Episode 4: FAR Facts

Hello and thank you for joining us for Episode 4 of Fun with the FAR Season 11! In our next session, we will cover FAR Part 7 (Acquisition Planning), Part 10 (Market Research), and Part 11 (Describing Agency Needs)! As we prepare for our next episode of Season 11,...