PART 5349 -
Termination of Contracts
[Revised April 21, 2014]
(INTERIM CHANGE: See Policy Memo 14-C-05)
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/HQ AFICA/AFISRA 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. (INTERIM CHANGE: See Policy Memo 14-C-05)
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/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to AFLOA/JAQ. (INTERIM CHANGE: See Policy Memo 14-C-05)
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/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC (see MP5349). (INTERIM CHANGE: See Policy Memo 14-C-05)
(c) The contracting officer must forward a request for SAF/FM approval through their MAJCOM/DRU/HQ AFICA/AFISRA 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. (INTERIM CHANGE: See Policy Memo 14-C-05)
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/HQ AFICA/AFISRA 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). (INTERIM CHANGE: See Policy Memo 14-C-05)
5349.7003 Notification of Anticipated Terminations or Reductions
(b)(2)(i) The contracting officer must submit the draft notification through the MAJCOM/DRU/HQ AFICA/AFISRA 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). (INTERIM CHANGE: See Policy Memo 14-C-05)