AFFARS PART 5349 - Termination of Contracts

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PART 5349 -
Termination of Contracts

[ Revised June 3, 2016 ]

SUBPART 5349.1 — GENERAL PRINCIPLES

5349.101 Authorities and Responsibilities

(b) AFMC and SMC must maintain internal termination procedures. Except for AFMC and SMC, the MAJCOM/DRU/AFRCO SCO or command-appointed terminations contracting officer (TCO) must approve a termination for default or cause prior to a contracting officer taking the action. When requesting approval, the contracting officer must provide all relevant documents to include a chronology of key events, cure/show cause notices and responses thereto.

5349.102 Notification of Termination

See the tailorable Termination Authority template.

SUBPART 5349.4 — TERMINATION FOR DEFAULT

5349.402-3 Procedure for Default

(f) Prior to making a final decision concerning termination for default, the contracting officer must forward the termination notice and the complete contract file to AFLOA/JAQ with a copy of the termination notice to SAF/GCR and follow the procedures in 5333.291(b).

5349.402-6 Repurchase Against Contractor’s Account

(c) The contracting officer must provide copies of assessments of excess reprocurement costs through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to AFLOA/JAQ.

SUBPART 5349.5 — CONTRACT TERMINATION CLAUSES

5349.501-70 Special Termination Costs

(a) The contracting officer must process requests to use DFARS 252.249-7000, Special Termination Costs, through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC (see MP5349).

(c) The contracting officer must forward a request for SAF/FM approval through their MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) and SAF/AQC prior to authorizing any increase in the Government's maximum liability under the clause. SAF/AQC will forward the request to SAF/FM.

SUBPART 5349.70 — SPECIAL TERMINATION REQUIREMENTS

5349.7001 Congressional Notification on Significant Contract Terminations

The contracting officer must submit the proposed Congressional notification through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC at least five workdays before the proposed termination date. The SAF/AQC action officer will forward the information to SAF/LLP. The contracting officer must not release the termination notice until Congress has been notified (see MP5349).

5349.7003 Notification of Anticipated Terminations or Reductions

(b)(2)(i) The contracting officer must submit the draft notification through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC as soon as the proposed termination/reduction is known. SAF/AQC will forward the notification to SAF/AQ for signature (see MP5349).

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