(1) the extent and difficulty of the work carried out by the contractor in relation to all the work required by the contract (technical estimates of the percentage of completion should not normally be required, but should be taken into account where available); * Where payment to the government is due, reverse the words “government” and “contractor” in clauses (b) (1) and (b) (2). An innocent party who decides instead to confirm the contract instead of terminating it can normally claim damages for the loss suffered as a result of the breach or breaches. (d) Paragraphs (a)(1)(ii) and (a)(1)(iii) of the Default Clause cover situations where the Contractor fails to comply with some of the other provisions of the Agreement (e.B. failure to provide a required performance guarantee) or therefore makes no progress in jeopardizing the performance of the Contract. If the termination is based on this type of failure, the Customer must inform the Entrepreneur in writing indicating the defect and giving a period of 10 days (or, where applicable, a longer period) to remedy the defect. If applicable, this notice may form part of the notification described in paragraph (e)(1) of this Section. After the expiry of the 10 days (or longer term), the contract agent may give notice of termination for delay, unless it is determined that the performance disorder has been corrected. A format for a healing message is in 49,607. 49.304-1 General. a) In the event of partial termination, the TCO will limit the billing to a possible adjustment of the fees and with the consent of the customer to reduce the estimated costs. The TCO adjusts the fee in accordance with sections 49.304-2 and 49.305, unless (1) the terminated portion is clearly separable from the balance of the contract; or (2) performance of the contract is substantially complete or performance of a continuous part is only incidental or spare parts or is not otherwise essential.
(b) In the case of the exceptions referred to in point (a), the procedures set out in Articles 49.302 and 49.303. 49.304-2 Submission of the proposed regulation applies (for a fee only). The contractor limits the settlement proposal to a proposal to reduce the fee. The final settlement proposal must be submitted to the TCO within one year from the effective date of termination, unless the deadline is extended by the TCO. The proposal may be submitted in the form prescribed in 49.602-1 or by a corresponding certified letter. The contractor must justify the amount of the costs claimed (see 49.305). 49.304-3 Submission of vouchers. If a partial termination agreement is limited to adjusting fees, the Contractor must continue to submit SF 1034, Public Voucher for Purchases and Non-In-Person Services, for costs reimbursable under the Contract. The Contractor will only be reimbursed for invoicing costs with subcontractors if the necessary approvals or ratifications have been obtained (see 49.108). (iii) Upon payment of the net statement in the amount of $__, all obligations of the Contractor to perform other work or services or other deliveries under the terminated part of the Contract, and all obligations of the Government to accept further payments or incur other obligations to the terminated part of the Contract become null and void; provided that nothing in this Agreement affects or affects any agreement, term or condition of the Agreement with respect to the entered into or continuing part of this Agreement.
(c) works contracts. In the case of construction contracts, the customer must check if there are still outstanding violations of labor law before submitting the final payment receipt. If this is the case, the procuring entity shall determine the amount to be deducted from the final payment (see subsection 22.4). (3) There are no unpaid payments, debts to the government or other obligations of the Contractor. It is not always easy to know whether a particular breach is serious enough to terminate the contract. If you attempt to terminate a contract for breach to which you have no right, termination will have no effect. You are always required to comply with the rest of the contract. (c) Contractor`s reimbursable costs and fees earned, if any, for the terminated portion of the Agreement will continue to be reimbursed on SF 1034, Public Purchase Order and Non-Personal Services, in accordance with the applicable provisions of the Agreement and Part 31 of the Federal Acquisition Regulations.
(b) Each of the factors applicable to point (a) of this Section shall be assigned a weighted value according to its importance and difficulty. The total weight value of all factors should be easily divisible (e.B. by 100) to determine percentages. The percentage of completion of each factor must be determined according to the specific facts of each contract. .