Difference between revisions of "FAR 52.249-10 - Default (Fixed-Price Construction)"

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m (Marshall moved page FAR 52.249-10 to FAR 52.249-10 - Default (Fixed-Price Construction) without leaving a redirect)
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{{ContractClause
 
{{ContractClause
 +
|EffectiveDate=1984/04/01
 +
|ClauseorProvision=Clause
 +
|ProvisionClauseNumberAlternate=52.249-10
 +
|Prescribedin=49.504(c)(1)
 +
|TypePurposeContract=Fixed Price Service -O; Cost Reimbursement Service -O; Fixed Price Construction -A; Cost Reimbursement Construction -O; Time and Materials/Labor Hour -O; Leasing of Motor Vehicles -O; Dismantling, Demolition, or Removal of Improvements -O; Facilities -O; Indefinite Delivery -O; Simplified Acquisition Procedures -O; Utility Services -O
 +
|CCSubject=Contract Termination
 +
|ProvisionClauseDescription=-
 +
|FARClauseOverview='''(a)''' If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract including any extension, or fails to complete the work within this time, the Government may, by written notice to the Contractor, terminate the right to proceed with the work (or the separable part of the work) that has been delayed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor’s refusal or failure to complete the work within the specified time, whether or not the Contractor’s right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the work.
 +
 +
 +
'''(b)''' The Contractor’s right to proceed shall not be terminated nor the Contractor charged with damages under this clause, if—
 +
*(1) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include—
 +
**(i) Acts of God or of the public enemy,
 +
**(ii) Acts of the Government in either its sovereign or contractual capacity,
 +
**(iii) Acts of another Contractor in the performance of a contract with the Government,
 +
**(iv) Fires,
 +
**(v) Floods,
 +
**(vi) Epidemics,
 +
**(vii) Quarantine restrictions,
 +
**(viii) Strikes,
 +
**(ix) Freight embargoes,
 +
**(x) Unusually severe weather, or
 +
**(xi) Delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers; and
 +
*(2) The Contractor, within 10 days from the beginning of any delay (unless extended by the Contracting Officer), notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, the time for completing the work shall be extended. The findings of the Contracting Officer shall be final and conclusive on the parties, but subject to appeal under the Disputes clause.
 +
 +
 +
'''(c)''' If, after termination of the Contractor’s right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Government.
 +
 +
 +
'''(d)''' The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.
 +
 +
==Alternate==
 +
 +
===Alternate I (Apr 1984)===
 +
If the contract is for dismantling, demolition, or removal of improvements, substitute the following paragraph (a) for paragraph (a) of the basic clause:
 +
 +
(a)(1) If the Contractor refuses or fails to prosecute the work, or any separable part, with the diligence that will insure its completion within the time specified in this contract, including any extension, or fails to complete the work within this time, the Government may, by written notice to the Contractor, terminate the right to proceed with the work or the part of the work that has been delayed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work.
 +
 +
(2) If title to property is vested in the Contractor under this contract, it shall revest in the Government regardless of any other clause of this contract, except for property that the Contractor has disposed of by bona fide sale or removed from the site.
 +
 +
(3) The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor’s refusal or failure to complete the work within the specified time, whether or not the Contractor’s right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the work.
 +
 +
Alternate II (Apr 1984). If the contract is to be awarded during a period of national emergency, paragraph (b)(1) below may be substituted for paragraph (b)(1) of the basic clause:
 +
 +
(1) The delay in completing the work arises from causes other than normal weather beyond the control and without the fault or negligence of the Contractor. Examples of such causes include—
 +
 +
(i) Acts of God or of the public enemy,
 +
 +
(ii) Acts of the Government in either its sovereign or contractual capacity,
 +
 +
(iii) Acts of another Contractor in the performance of a contract with the Government,
 +
 +
(iv) Fires,
 +
 +
(v) Floods,
 +
 +
(vi) Epidemics,
 +
 +
(vii) Quarantine restrictions,
 +
 +
(viii) Strikes,
 +
 +
(ix) Freight embargoes,
 +
 +
(x) Unusually severe weather, or
 +
 +
(xi) Delays of subcontractors or suppliers at any tier arising from causes other than normal weather beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers; and
 +
 +
Alternate III (Apr 1984). If the contract is for dismantling, demolition, or removal of improvements and is to be awarded during a period of national emergency, substitute the following paragraph (a) for paragraph (a) of the basic clause. The following paragraph (b)(1) may be substituted for paragraph (b)(1) of the basic clause:
 +
 +
(a)(1) If the Contractor refuses or fails to prosecute the work, or any separable part, with the diligence that will insure its completion within the time specified in this contract, including any extension, or fails to complete the work within this time, the Government may, by written notice to the Contractor, terminate the right to proceed with the work or the part of the work that has been delayed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work.
 +
 +
(2) If title to property is vested in the Contractor under this contract, it shall revest in the Government regardless of any other clause of this contract, except for property that the Contractor has disposed of by bona fide sale or removed from the site.
 +
 +
(3) The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor’s refusal or failure to complete the work within the specified time, whether or not the Contractor’s right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the work.
 +
 +
(b) The Contractor’s right to proceed shall not be terminated nor the Contractor charged with damages under this clause, if—
 +
 +
(1) The delay in completing the work arises from causes other than normal weather beyond the control and without the fault or negligence of the Contractor. Examples of such causes include—
 +
 +
(i) Acts of God or of the public enemy,
 +
 +
(ii) Acts of the Government in either its sovereign or contractual capacity,
 +
 +
(iii) Acts of another Contractor in the performance of a contract with the Government,
 +
 +
(iv) Fires,
 +
 +
(v) Floods,
 +
 +
(vi) Epidemics,
 +
 +
(vii) Quarantine restrictions,
 +
 +
(viii) Strikes,
 +
 +
(ix) Freight embargoes,
 +
 +
(x) Unusually severe weather, or
 +
 +
(xi) Delays of subcontractors or suppliers at any tier arising from causes other than normal weather beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers; and
 +
 +
|ImportantNotesRequirements=[[Category:FAR 52 - Solicitation Provisions and Contract Clauses]]
 +
|IncorporatedbyReference=Yes
 +
|Editor=Marshall
 
|Checked=no
 
|Checked=no
 
|HasTermDate=2014/03/31
 
|HasTermDate=2014/03/31
−
|EffectiveDate=
 
−
|ClauseorProvision=Clause
 
 
|ProvisionClauseNumber=52.249-10
 
|ProvisionClauseNumber=52.249-10
−
|ProvisionClauseNumberAlternate=52.249-10
 
 
|RegulationSection=49
 
|RegulationSection=49
−
|Prescribedin=49.504(c)(1)
 
 
|FunctionalTopicalArea=
 
|FunctionalTopicalArea=
−
|CCSubject=Contract Termination
 
−
|ProvisionClauseDescription=Default (Fixed-Price Construction).
 
−
|ProcurementType=
 
−
|ContractThreshold=
 
−
|FARClauseOverview=
 
 
|FARCitation=
 
|FARCitation=
−
|ImportantNotesRequirements=
 
 
|ImportantCaseLaw=
 
|ImportantCaseLaw=
−
|SubcontractThreshold=
 
 
|FlowClauses=
 
|FlowClauses=
−
|IncorporatedbyReference=Yes
 
−
|UniformContractFormat=
 
−
|TypePurposeContract=Fixed Price Service -O;Cost Reimbursement Service -O;Fixed Price Construction -A;Cost Reimbursement Construction -O;Time and Materials/Labor Hour -O;Leasing of Motor Vehicles -O;Dismantling, Demolition, or Removal of Improvements -O;Facilities -O;Indefinite Delivery -O;Simplified Acquisition Procedures -O;Utility Services -O;
 
 
}}
 
}}

Revision as of 09:25, 26 June 2014

***

Prescribed in 49.504(c)(1)

Effective Date:1 April 1984
Clause or Provision:Clause
Provision or Clause Number: 52.249-10 - Default (Fixed-Price Construction)
Principle Type And/Or Purpose of Contract:
Required:
Applicable:Fixed Price Construction; 
Optional:Fixed Price Service; Cost Reimbursement Service; Cost Reimbursement Construction; Time and Materials/Labor Hour; Leasing of Motor Vehicles; Dismantling, Demolition, or Removal of Improvements; Facilities; Indefinite Delivery; Simplified Acquisition Procedures; Utility Services; 
Subject:Contract Termination"Contract Termination" is not in the list of possible values (Commercial Item, Independent Price Determination, Hotline Posters, Whistleblower Protection, Contingent Fees, Specifications/Standards, Leased Vehicles and Equipment, Payments to Influence Certain Federal Transactions, Contracts, Representations and Certifications, Executive Compensation, Category:Truth In Negotiations Act (TINA), Competition, Delivery or Performance Schedules, Employment/Labor/Wages, Certified Cost or Pricing Data and/or Data other than Certified, Defective Pricing, Data other than Certified, Indirect Rates and/or Incurred Cost Submissions, Bid & Proposal, Small Business, Hazardous Materials, Drug Free Workplace, "Green" Efforts (Printing, Waste Reduction, Pollution, Energy Efficiency), Recovered Material, Safety, Software, Utility Contracts, Contract Changes, Freight and/or Transportation, Termination/Cancellation, Mandatory Disclosure, Definitions, Category:Cost Accounting Standards (CAS), Audit and Records, Illegal or Improper Activity, Contractor Code of Business Ethics and Conduct, Definite-Quantity, Indefinite Quantity, or Requirements Contract, Gratuities, Conflicts of Interest, Anti-Kickback, Identity Verification, Approval of Contract, Security, Taxpayer Identification, Women-Owned Business, DUNS/SAM/CCR, Supplies, Equipment, Helium, Mandatory Sources of Supply or Services, Inverted Domestic Corporations, First Article Approval, Responsibility Matters, Market Research, Subcontract(s)/Subcontractor(s), Damages, Priority Rating, Quantity/Quantities, Material, Invoices and Payments, Disadvantaged, Small, Disabled, Veteran or Women Owned or HUBZone Business, Facilities Capital Cost of Money, Post Retirement Benefits and/or Pension, Ownership, Order of Precedence, Performance, Make or Buy, Contract Type, Letter Contract, Award(s), Economic Price Adjustment, Price Redetermination, Fee, Options, Envirnomental, Privacy, Buy American, Foreign, Patents, Licenses, Data Rights, and Royalties, Insurance, Bond, Taxes and/or Duties) for this property.
ProcurementType:
Contract Threshold:
Prescription Overview:
Clause Overview:

(a) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract including any extension, or fails to complete the work within this time, the Government may, by written notice to the Contractor, terminate the right to proceed with the work (or the separable part of the work) that has been delayed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor’s refusal or failure to complete the work within the specified time, whether or not the Contractor’s right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the work.


(b) The Contractor’s right to proceed shall not be terminated nor the Contractor charged with damages under this clause, if—

  • (1) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include—
    • (i) Acts of God or of the public enemy,
    • (ii) Acts of the Government in either its sovereign or contractual capacity,
    • (iii) Acts of another Contractor in the performance of a contract with the Government,
    • (iv) Fires,
    • (v) Floods,
    • (vi) Epidemics,
    • (vii) Quarantine restrictions,
    • (viii) Strikes,
    • (ix) Freight embargoes,
    • (x) Unusually severe weather, or
    • (xi) Delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers; and
  • (2) The Contractor, within 10 days from the beginning of any delay (unless extended by the Contracting Officer), notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, the time for completing the work shall be extended. The findings of the Contracting Officer shall be final and conclusive on the parties, but subject to appeal under the Disputes clause.


(c) If, after termination of the Contractor’s right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Government.


(d) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.

Alternate

Alternate I (Apr 1984)

If the contract is for dismantling, demolition, or removal of improvements, substitute the following paragraph (a) for paragraph (a) of the basic clause:

(a)(1) If the Contractor refuses or fails to prosecute the work, or any separable part, with the diligence that will insure its completion within the time specified in this contract, including any extension, or fails to complete the work within this time, the Government may, by written notice to the Contractor, terminate the right to proceed with the work or the part of the work that has been delayed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work.

(2) If title to property is vested in the Contractor under this contract, it shall revest in the Government regardless of any other clause of this contract, except for property that the Contractor has disposed of by bona fide sale or removed from the site.

(3) The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor’s refusal or failure to complete the work within the specified time, whether or not the Contractor’s right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the work.

Alternate II (Apr 1984). If the contract is to be awarded during a period of national emergency, paragraph (b)(1) below may be substituted for paragraph (b)(1) of the basic clause:

(1) The delay in completing the work arises from causes other than normal weather beyond the control and without the fault or negligence of the Contractor. Examples of such causes include—

(i) Acts of God or of the public enemy,

(ii) Acts of the Government in either its sovereign or contractual capacity,

(iii) Acts of another Contractor in the performance of a contract with the Government,

(iv) Fires,

(v) Floods,

(vi) Epidemics,

(vii) Quarantine restrictions,

(viii) Strikes,

(ix) Freight embargoes,

(x) Unusually severe weather, or

(xi) Delays of subcontractors or suppliers at any tier arising from causes other than normal weather beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers; and

Alternate III (Apr 1984). If the contract is for dismantling, demolition, or removal of improvements and is to be awarded during a period of national emergency, substitute the following paragraph (a) for paragraph (a) of the basic clause. The following paragraph (b)(1) may be substituted for paragraph (b)(1) of the basic clause:

(a)(1) If the Contractor refuses or fails to prosecute the work, or any separable part, with the diligence that will insure its completion within the time specified in this contract, including any extension, or fails to complete the work within this time, the Government may, by written notice to the Contractor, terminate the right to proceed with the work or the part of the work that has been delayed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work.

(2) If title to property is vested in the Contractor under this contract, it shall revest in the Government regardless of any other clause of this contract, except for property that the Contractor has disposed of by bona fide sale or removed from the site.

(3) The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor’s refusal or failure to complete the work within the specified time, whether or not the Contractor’s right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the work.

(b) The Contractor’s right to proceed shall not be terminated nor the Contractor charged with damages under this clause, if—

(1) The delay in completing the work arises from causes other than normal weather beyond the control and without the fault or negligence of the Contractor. Examples of such causes include—

(i) Acts of God or of the public enemy,

(ii) Acts of the Government in either its sovereign or contractual capacity,

(iii) Acts of another Contractor in the performance of a contract with the Government,

(iv) Fires,

(v) Floods,

(vi) Epidemics,

(vii) Quarantine restrictions,

(viii) Strikes,

(ix) Freight embargoes,

(x) Unusually severe weather, or

(xi) Delays of subcontractors or suppliers at any tier arising from causes other than normal weather beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers; and

Important Notes/Requirements:
Subcontract Threshold:
Incorporated by Reference:Yes
Uniform Contract Format:
Editor:Marshall

Personal notes.

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