|
<br />. ,
<br />
<br />(5) With epproval or ra~iflcatlon TO the extent required by the Contracting Officer, settle
<br />all outstanding liabilities and termination settlement proposals arisIng from the termination
<br />of subcontracts; approval or ratification will be final. for purposes of this clause.
<br />
<br />(6) Transfer title (If not already transferred) and, as directed by the Contracting Officer,
<br />deliver to the Government any Information and Items that, If the contract had been completed,
<br />would have been required to be furnished, Including (I) materials or equIpment prqduced, In
<br />process, or acquired for the work terminated and (11) completed or partially completed plans,
<br />drawings, and information.
<br />
<br />(7) Complete performance of the work not tenminated.
<br />
<br />(8) Take any action that may be necessary, or that the Contracting Officer may direct, for the
<br />protection and preservation of the property related to this contract that is In the possession
<br />of the Contractor and in which the government has or may acquire an interest.
<br />
<br />(9) Use It best efforts to sel I, as directed or authorized by the Contracting Officer, ter-
<br />mination inventory other than that retained by the Government under subparagraph (6) above;
<br />provided, however, that the Contractor (i) Is not requlred to extend credit to any purchaser
<br />ana (II) may acquire the property under the conditions prescribed by, and at prices approved
<br />by, the Contracting Officer. The proceeds of any transfer or disposition wll I be applled to
<br />reduce any payments to be made by the Government under this contract, credited to the price or
<br />cost of the work, or paid in any other manner directed by the Contracting .Officer.
<br />
<br />(c) After termination, the Contractor shall submit a final termInation settlement proposal to the
<br />Con~rac~lng Ottlcer In ~he torm and wl~h ~he certltlca~lon prescribed by ~he Con~rac~lng Ottlcer.
<br />The Contractor shall submit the proposal promptly but no later than 1 year from the effective date
<br />of termination unless extended in writing by the Contracting Offlcer upon written request of the
<br />Contractor within this 1-year period. If the Contractor falls to submit the termination settle-
<br />ment proposal within the time allowed, the Contracting Officer may determine, on the basis of
<br />Information available, the amount, If any, due ~he ContraCTor beca~se of the termination and shall
<br />pay amount determl~ed.
<br />
<br />(d) Subject to paragraph (e) above, The Contractor and the COntracting Officer may agree upon the
<br />whole or any part of the amount to be paid because of the termlnatlon. This amount may Include
<br />reasonable cancellation charges Incurred by the Contractor and any reasonable loss on outstanding
<br />commitments for personal services that the Contractor is unable to cancel; provided, that the
<br />Contractor exercised reasonable diligence In diverting such commitments to other operations. The
<br />contract shall be amended and The Contractor paid the agreed amount.
<br />
<br />(e) The cost principles and procedures In Subperf "., of the Federal Acquisition Regulation
<br />(FAR), in effect on the date of the contract, shal I govern all costs claimed, agreed to, or deter-
<br />mined under this clause; however, if the Contractor Is not an educational Institution, end is a
<br />nonprofit organization under Office of Management and Budget (OMB) circular A-122, "Cost
<br />Principles for Nonprofit Organizations," July 8, 1980, those cost principles shall apply; pro-
<br />vided, that If the Contractor is a nonprofit Institution listed In Attachment C of OMS Circular
<br />~. ~he cos~ principles a~ FAR 31.2 tor commercial organlza~lons shall apply ~o such con~rac-
<br />'tor.
<br />
<br />ef) The Government mey, under the terms and oondl'tlons it prescribes, make partie I payments
<br />against costs incurred by the Contr~ctor for the terminated portion of this contract, 1f the
<br />Contracting Officer believes the total of these payments wll I not exceed the amount to which the
<br />Contractor will be entitled.
<br />
<br />(9) The Contractor has the right of appeal as provided under the Disputes clause, except that If
<br />~he Con~"ac~or tailed ~o subml~ ~he ~ermlna~ion se~~lemen~ proposal wl~hln ~he ~Ime provided in
<br />paragraph (c) and tal led to request a Time extension, there Is no right of appeal.
<br />
<br />1-2.4 52.249-6 TERMINATION <COST-REIM8URSEMENT)(APR 1984)
<br />
<br />(a) The Government may terminate performance of work under this contract in whole or, from time
<br />to Time, in parT, If--
<br />
<br />{t} The Con~racTing Officer deTermines ThaT a Termln~T'on 's In The GovernmenT's inreresTj or
<br />
<br />(2) The ContraCTor defaults in performing this contraCT and tal Is to cure the default wiThin
<br />10 deys (unless extended by the COntracting Officer) after receivIng a noTice specifying The
<br />default. IlDefaultlf Includes failure TO make progress In The work so as to endanger perfor-
<br />mance.
<br />
<br />(b) The COnTracting Officer shall terminate by delivering TO The ContraCTor a NoTice of
<br />TerminaTion specifying whether termination Is for default of The Contractor or for convenience of
<br />
<br />1-8
<br />
|