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<br />. , <br /> <br />(f) SubjecT TO peregraph (e) above, the Contractor and the ConTracting Officer ~y agree on the <br />whole or any part of the amount to be paid (including an allowanca for fee) because of the ter- <br />mlnatlon. The contract shall be amended, and the Contractor paid the agreed amount. <br /> <br />(g) If the Contractor and the COntracting OffIcer fatl to agree In whole or In part on the amount <br />of costs and/or fee TO be paid because at The 'terminaTion of work, 'the ConTracTfng Officer shall <br />deTermine, on The basis of InformaTion available, the amounT, it any, due the ConTra~tor, and <br />shall pay that amount, which shall Include the following: <br /> <br />(1) AI I cost relmbursable under this conTraCT, not previOUSly paid, for The performance of <br />this conTract before the effectlve date of the termination, and part' of Those costs that may <br />continue for a reasonable time with the approval of or as directed by the Contracting Officer; <br />however, the Contractor shall discontinue those costs as rapidly as practicable. <br /> <br />(2) The cost of settling and paying termination settlement proposals under terminated sub- <br />contracts that are properly chargeable to the terminated portion of the contract if not <br />included In subparagraph (1) above. <br /> <br />(3) The reasonable costs of setTlement of the work terminated, Includlng-- <br /> <br />(I) Accounting, legal, clerical, and other expenses reasonably necessary for the prepara- <br />tion of tenmlnatlon settlement proposalS and supporting data; <br /> <br />(Ii) The termination and settlement of subcontracts (excluding the amounts of such <br />settlements); and <br /> <br />(ill) Storage, transportation, end other costs Incurred, reasonably necessary for the pre- <br />servation, protection, or disposition of the termination Inventory. If the termination 1s <br />for default, no amounts for the preparation of the Contractor's termination settlement pro- <br />posal may be Included. <br /> <br />(4) A portion ?f the fee payable under the contract, determined as follows: <br /> <br />(i) If the contract Is terminated for the convenience of the Government, the settlement <br />shel I include a percentage of the fee equal to the percentage of completion of work con- <br />templated under the contract, but excluding subcontract effort Included in subcontrectors' <br />termination proposalS, less previous payments for fee. <br /> <br />(il) If the contract 1s terminated for default, the total fee payable shel I be such propor- <br />tionate part of the fee as the total number of articles (or amount of services) delivered TO <br />and accepted by the Government is to the total number of articles (or amount of services) of <br />a I I ke kl nd requ I red by The contract. <br /> <br />(5) If the settlement Includes only fee, It wIll be determined under subpar.graph (g)(4) <br />above. <br /> <br />(h) The cost principles and procedures In Part 31 of the Federal Acquisition RegulaT1on, In <br />effeCT on the date of this contract, Shall govern all costs claimed, agreed to, or determined <br />under this clause. <br /> <br />(I) The Contractor shall have the r1ght of appeal, under +he DIspUTes clause, from any deter- <br />mination made by the ConTracting Off1cer under paragraph (e) or (g) above or paragraph (k) below, <br />except that If the Contractor failed to subm1t the termination settlement proposal within the time <br />provided In paragraph (e) and failed to request a time extension, there is no right of appeal. If <br />the Contracting Officer has made a determ1nation of the amount due under paragraph (e), (g) or <br />(k), the Government shal I pay the Contractor (I) the amount determined by the Contracting Officer <br />if there Is no right of appeal or if no timely appeal has been taken, or (2) the amount finally <br />determined on an appeal. <br /> <br />(j) In arriving 81' the amount due the Contractor under this clause, there shal I be deducted-- <br /> <br />(1) AI I unliquidaTed advance or OTher paymenTS to the Con~ractor, under the terminated portion <br />of this contract; <br /> <br />(2) Any claim whtch the Government has againST the Contractor under this conTract; and <br /> <br />(3) The agreed price for, or The proceeds of sale of materials, supplies, or oTher Things <br />acquired by the Contractor or sold under this clause and not recovered by or credited to the <br />Government. <br /> <br />(k) The ContraCTor and Contracting OffIcer must agree to any equitable adjustment in fee tor the <br />con~lnued porTion ot the contraCT when there Is a partial termlna~lon. The Contracting Officer <br />shal I amend the conTract to reflec~ ~he ~greement. <br /> <br />1-10 <br />