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Warrant Board (SAT)

Terms in this set (43)

Termination for cause.

- The paragraph in 52.212-4 entitled "Excusable Delay" requires contractors notify the contracting officer as soon as possible after commencement of any excusable delay. In most situations, this requirement should eliminate the need for a show cause notice prior to terminating a contract. The contracting officer shall send a cure notice prior to terminating a contract for a reason other than late delivery.

- The Government's rights after a termination for cause shall include all the remedies available to any buyer in the marketplace. The Government's preferred remedy will be to acquire similar items from another contractor and to charge the defaulted contractor with any excess reprocurement costs together with any incidental or consequential damages incurred because of the termination.

In almost all cases of termination for cause, the Gov't can use the remaining funds to re-procure. This becomes an issue with many of our small ACS and Chaplain services contracts; A spouse needs to PCS and the Gov't is reluctant to call that a termination for cause, but if we don't, the garrison loses the funding to re-establish the services.

Termination for the Government's convenience.

When the contracting officer terminates a contract for commercial items for the Government's convenience, the contractor shall be paid -

- The percentage of the contract price reflecting the percentage of the work performed prior to the notice of the termination for fixed-price or fixed-price with economic price adjustment contracts, or
- An amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rates(s) in the Schedule; and
- Any charges the contractor can demonstrate directly resulted from the termination. The contractor may demonstrate such charges using its standard record keeping system and is not required to comply with the cost accounting standards or the contract cost principles in Part 31. The Government does not have any right to audit the contractor's records solely because of the termination for convenience.

Generally, the parties should mutually agree upon the requirements of the termination proposal. The parties must balance the Government's need to obtain sufficient documentation to support payment to the contractor against the goal of having a simple and expeditious settlement.
Market research means collecting and analyzing information about capabilities within the market to satisfy agency needs.

Market research is conducted to—
Ø Determine if commercial items or non-developmental items are available to meet the Government's needs.
Ø Customary practices regarding customizing, modifying or tailoring of items to meet customer needs and associated costs;
Ø Customary practices, including warranty, buyer financing, discounts, contract type considering the nature and risk associated with the requirement, etc., under which commercial sales of the products are made;
Ø The requirements of any laws and regulation unique to the item being acquired;
Ø The availability of items that contain recovered material and items that are energy efficient
Ø The distribution and support capabilities of potential suppliers, including alternative arrangements and cost estimates; and
Ø Size and status of potential sources
Some techniques are --
Ø Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements;
Ø Reviewing the results of recent market research undertaken to meet similar or identical requirements;
Ø Publishing formal requests for information in appropriate technical or scientific journals or business publications;
Ø Obtaining source lists of similar items from other contracting activities or agencies, trade associations or other source;
Revising catalogs and other general available product literature published by manufacturers, distributors, and dealers or available on-line.