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VAAR PART 849 - TERMINATION OF CONTRACTS


PART 849 - TERMINATION OF CONTRACTS


PART 849--TERMINATION OF CONTRACTS

TABLE OF CONTENTS

SUBPART 849.1--GENERAL PRINCIPLES

§849.106

Fraud and other criminal conduct.

§849.107

Audit of prime contract settlement proposals and subcontract settlements.

§849.111

Review and approval of proposed settlements.

§849.111-70

Settlement review boards.

§849.111-71

Required review and approval.

§849.111-72

Submission of information.

SUBPART 849.4--TERMINATION FOR DEFAULT

§849.402

Termination of fixed-price contracts for default.

§849.402-6

Repurchase against contractor's account.

PART 849 - TERMINATION OF CONTRACTS

SUBPART 849.1 - GENERAL PRINCIPLES

§849.106   Fraud or other criminal conduct.

When the circumstances set forth in FAR 49.106 are encountered, the contracting officer will immediately discontinue all negotiations. The contracting officer will submit all of the pertinent facts necessary to support his/her reasoning to the Deputy Assistant Secretary for Acquisition and Materiél Management (95), (or the Chief Facilities Management Officer, in the case of contracting officers from the Office of Facilities Management). The Deputy Assistant Secretary for Acquisition and Materiél Management (95), or the Chief Facilities Management Officer, Office of Facilities Management, will review the submission and fully develop the facts. If the evidence indicates/fraud or other criminal conduct, the Deputy Assistant Secretary for Acquisition and Materiél Management, will forward the submission with his/her recommendations, through channels (to include the General Counsel, if appropriate), to the Inspector General (51) for referral to the Department of Justice. The contracting officer will be advised by the Deputy Assistant Secretary for Acquisition and Materiél Management or the Chief Facilities Management Officer, Office of Facilities Management as to any further action to be taken. Pending receipt of this advice, the matter will not be discussed with the contractor. No collection, recovery or other settlement action will be initiated while the matter is in the hands of the Department of Justice without first obtaining the concurrence of the U.S. Attorney concerned, through the Inspector General. If inquiry is made by the contractor, he/she will be advised only that the proposal has been forwarded to higher authority.

§849.107   Audit of prime contract settlement proposals and subcontract settlements.

Contracting officers will submit settlement proposals for review and audit prior to taking any further action, in accordance with the provisions and claim limitations applicable to prime and subcontractors as set forth in FAR 49.107. Contracting officers in the Office of Acquisition and Materiél Management and the Office of Facilities Management who are located in the VA Central Office have the option to request audits directly from the cognizant audit agencies or to request audits through the Assistant Inspector General, Office of Departmental Reviews and Management Support (53C). All other contracting officers located in the VA Central Office and the Office of General Counsel will send requests for audit to the Assistant Inspector General, Office of Departmental Reviews and Management Support (53C), to request audits directly from the cognizant audit agencies. Audit control numbers may be obtained verbally from the Deputy Assistant Secretary for Acquisition and Materiél Management (95).

§849.111   Review and approval of proposed settlements.

§849.111-70   Settlement review boards.

The Deputy Assistant Secretary for Acquisition and Materiél Management, and the Deputy Assistant Secretary for Facilities, will each establish within his/her own organization a settlement review board. The board may be established on a permanent or temporary basis. More than one such board may be established if settlements are to be made at different locations, if personnel with different qualifications are needed for different contracts, or if for other reasons, the establishment of more than one review board is considered desirable. Each settlement review board should be composed of at least three qualified and disinterested employees. The membership of each board should include at least one lawyer and one accountant.

§849.111-71   Required review and approval.

Prior to executing a settlement agreement, or issuing a determination of the amount due under the termination clause of a contract, or approving or ratifying a subcontract settlement, the contracting officer shall submit each such settlement or determination for review and approval by a settlement review board if:

§849.111-72   Submission of information.

SUBPART 849.4 - TERMINATION FOR DEFAULT

§849.402   Termination of fixed-price contracts for default.

§849.402-6   Repurchase against contractors account.

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