Sign In
  • Question

    Are you able to tell me the most appropriate clause considering that the de-scope are done fairly often, the contractor has agreed with the de-scopes, and the de-scopes are done on FFP CLINs. The clause previously used was 52.243-1 Alt 1, the changes clause for FFP; however, it was suggested that I use 52.249-1, the termination for convenience clause. Because they may be done multiple times on any particular task order, I'm not sure the termination clause is the answer. Your suggestion is greatly appreciated.


    Answer

      In my opinion this sounds more like a partial termination under Federal Acquisition Regulation (FAR) Part 49 which allows the contracting officer to terminate contracts in whole or in part for the convenience of the government when it is in their interest to do so.  However, see FAR 49.101 which allows for no cost settlements if no work was done or anticipated as you state in your question.  Otherwise follow the principles in FAR 49.2 and the applicable termination for convenience clause in your contract.  In any termination action you should consult with your policy and legal offices. 

    Open full Question Details