(2) On the basis of the best available information, it is estimated that the gross settlement costs will be _____. The amount available for release as excess for the contract is $___. Payments previously made to the Contractor for cancelled items have been taken into account in determining the above amounts. (ii) Exercise any right of the Government to any agreement or judgment that affects royalties paid or payable in connection with the performance of the Agreement. (2) The performance of the contract is practically complete, or the performance of a continuous part takes place only on auxiliary or spare parts or is not otherwise essential. (ii) In the case of research and development contracts with an educational or non-profit organization, (a) In the event of termination for late payment, the government will not be responsible for the contractor`s costs for the undelivered work and will be entitled to reimbursement of advances and advancement payments, if any, applicable to this work. The Government may, in accordance with the model clause, elect the Contractor to transfer ownership and provide the Government with finished deliveries and manufacturing materials according to the Contractor`s instructions. 49.104 Obligations of the prime contractor after receipt of the notice. In unusual cases, the total cost of ownership may, with the consent of the prime contractor, determine that it is in the government`s best interest to assist the prime contractor in the processing of a particular subcontract. In these situations, the government, the prime contractor and a subcontractor may enter into an agreement to process one or more subcontracts.
In these regulations, the subcontractor is paid through the prime contractor as part of the total settlement with the prime contractor. Contract number ______ Detailed instructions will follow. c) The customer shall apply the procedures set out in article 49.402 to the extent appropriate for the performance of a contract for reimbursement of costs due to non-reimbursement. However, a refund agreement does not contain a provision to cover excess redemption costs after the end of the delay (see, however, paragraph (g) of clause 52.246-3 with respect to the Contractor`s failure to replace or correct defective deliveries). 49.105-1 Termination Status Reports. If the total cost of ownership and the customer are engaged in different activities, TCO must provide the customer with regular progress reports on termination measures upon request. The contracting authority shall provide the necessary information. 49.105-2 Release of surplus funds. (a) the TCO considers the resources necessary to carry out the termination and recommends to the contract agent the release of the excess funds within 30 days of receipt of the notice of termination; The initial cancellation of the excess funds obligation should be carried out by the contract agent or the TCO in a timely manner when responsibility is transferred to it.
The TCO does not recommend releasing amounts of less than $1,000 unless required by the contract agent. (b) The TCO continuously monitors the funds needed to enable the timely release of additional surplus funds (a recommended format for the release of surplus funds is specified in 49,604). If previous releases of surplus funds result in a decrease below the amount required for settlement, the TCO will immediately inform the contract agent, who will reinstate the funds within 30 days. 49.105-3 Termination record. The total cost of ownership responsible for negotiating the final settlement creates a separate record for each termination. This file contains memoranda and records of all measures related to the regulation (see 4.801). 49.105-4 Site cleaning. In the event of termination of construction contracts, the customer must take measures to ensure the rehabilitation of the site, the protection of usable materials, the elimination of hazards and other measures necessary to leave a safe and healthy site.
49.201 General. (a) A settlement should adequately compensate the contractor for the work performed and the preparations of the terminated parts of the contract, including reasonable compensation for profits; Equitable compensation is a matter of discretion and cannot be accurately measured. In a particular case, different methods may also be appropriate to obtain fair compensation. The use of corporate measures, as it differs from strict accounting principles, is at the heart of a regulation. (b) The main objective is to negotiate an agreement by agreement. The parties may agree on a total amount to be paid to the Contractor without agreeing or separating the individual elements from the costs or benefits that make up that amount. (c) Cost and accounting data may be indicative of the determination of appropriate compensation, but are not rigid measures. In appropriate cases, costs can be estimated, differences can be compromised, and questionable issues can be settled amicably. Other types of data, criteria or standards can provide equally reliable guidance for equitable remuneration.
The scope of the registers, reports and accounts related to the performance of terminated contracts should be kept to a minimum compatible with the adequate protection of the public interest. 49,202 profits. (a) TCO grants the benefit of the preparations and work undertaken by the Contractor for the terminated part of the Contract, but not the billing costs. Anticipated profits and consequential damages are not permitted (but see 49.108-5). The profit from the Contractor`s efforts in settling subcontractor proposals is not based on the dollar amount of subcontract settlement agreements, but the Contractor`s efforts are taken into account when determining the total achievement rate granted to the Contractor. The benefit will not be granted to the Contractor for equipment or services that were not provided by a subcontractor at the time of effective termination, regardless of the percentage of completion. Total cost of ownership can use any reasonable method to make a fair profit. (c) when calculating the benefit of the terminated part of a works contract, the contracting entity (1) shall comply with points (a) and (b) of this Section; (2) allow the principal contractor`s accounts with construction suppliers to be taken advantage of for the actual work on the site; and (3) Exclude the benefit of the prime contractor`s declarations with the contractors for existing materials and for preparations for completion of the work. 49,203 Adjustment for losses. (a) When negotiating or making a settlement, the TCO does not allow a profit to be made if it turns out that the contractor would have suffered a loss if the entire contract had been concluded.
The accounts shall negotiate or determine the amount of the loss and adjust the comparative amount in accordance with points (b) or (c) of this Section. .