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.







Contract Terminations for Default and Convenience


Book Description

Many contract termination actions initiated because of contractor default are subsequently executed for the convenience of the Government. This may result in the loss of the Government's right to recover excess reprocurement costs and other damages. The research effort was designed to determine the scope of the problem and, by analyzing individual cases, to identify common elements leading to termination conversions. United States Air Force contracts over a three-year period were studied, including both those terminations for default that were appealed to the Armed Services Board of Contract Appeals and those converted to termination for convenience by negotiation at the contracting officer level. The investigation was hampered by decentralized data but some conclusions were drawn, especially that most termination conversions are negotiated at the contracting officer level. The use of data base management systems was recommended so that data could be centrally collected for further research and management of this problem area. (Author).










Simplifying Contract Terminations


Book Description

Written by a Certified Professional Contracts Manager (CPCM). Finally, a text that helps lead contracts professionals through the confusing maze of federal contract terminations. In addition to explaining contract terminations for convenience & default, this text also covers general principles, contract clauses, management decision-making factors, compensable delays, forbearance, waivers, & legal considerations. Reasons for terminations & procedures for initiating & completing terminations are also examined. "Actual breach" is differentiated from "anticipated breach." In addition, an entire chapter is devoted to subcontract considerations. The book also covers excess reprocurement costs, liquidated damages, & wrongful default termination. Responsibilities for both the contractor & the government contracting officer are outlined. The "hows" & "whys" of organizing a termination conference is outlined in detail, including topics that need to be addressed & responsibilities of both parties to the contract. Samples of a termination notice, a cure notice, a show-cause notice, a subcontract settlement authorization, & a release of excess funds format are given. Developed & written by a Certified Professional Contract Manager (CPCM), this is a valuable reference book for all contract managers. Bibliography, appendixes, & an index are included. Ask about our quantity discounts, & request a FREE National Contract Management Association EducationalProducts Catalogue.




Government Contracts


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.