Contract Termination Guide


Book Description










Defense Acquisitions: Termination Costs are Generally Not a Compelling Reason to Continue Programs or Contracts That Otherwise Warrant Ending


Book Description

The nation's long-term fiscal imbalances will likely make DOD's 1.6 trillion planned investment in new weapon systems unsustainable. Thus, it is critical that DOD retains the flexibility to end programs and contracts when necessary and appropriate. Although the federal government generally has the legal right to terminate contracts for convenience, defense stakeholders have sometimes expressed concerns that it will cost more to terminate a contract than to complete it. To address this perception, GAO examined (1) how expected contract termination costs and other factors affect DOD decisions on whether to end programs and contracts; (2) the circumstances under which it would cost more to terminate a contract for convenience than to complete it; and (3) the options DOD has for retaining value or reducing costs, when DOD ends programs or contracts. To do this, GAO examined DOD data on terminated contracts over $100 million; reviewed laws, regulations, and guidance; and met with key DOD officials. GAO recommends that DOD review, and as needed amend, guidance on terminations across the military services and DOD agencies to ensure that termination guidance identifies the conditions under which it is appropriate to end programs or contracts, and provides knowledge needed to use terminations as an investment portfolio tool. DOD agreed.







Administration of Contract Terminations for Convenience


Book Description

The administrative phase of contracts terminated for convenience begins when the contracting officer issues a termination notice to the contractor and ends with final settlement and payment of the contractor's termination claim. Federal Acquisition Regulations (FAR) provide general guidelines to administer contract terminations. Within DoD, the Defense Logistics Agency has overall responsibility for administration and settlement of nearly all contracts terminated for convenience. We performed the audit to evaluate the effectiveness of the DoD policies and procedures for administering contracts terminated for convenience. We also evaluated the effectiveness of applicable internal controls and reviewed implementation of the DLA Internal Management Control Program, as it pertained to the administration of contracts terminated for convenience. The audit showed that DLA took an average of nearly 2 years to settle contracts terminated for convenience. This greatly reduced the ability of DoD to redistribute an estimated $412 million of materials and property (Finding A). In addition, DLA did not effectively manage the contract terminations program. As a result, management lacked an effective basis to determine the resources needed to administer 6,200 contract terminations, valued at about $6.4 billion (Finding B). Prior to our audit, DLA had recognized the need to improve and strengthen controls over the termination program. Recent action by DLA to implement the Termination Automated Management System was helpful. Nevertheless, we concluded that DLA management did not have adequate visibility and oversight of the contract termination program in the midst of a major reorganization and lacked an effective basis to determine the resources needed to administer contract terminations within DoD. Internal controls were not adequate to effectively and efficiently administer contract terminations and to