FAR Companion Change

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Summary

PART_49 updated: 26 lines added, 2 lines removed

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-Part 49 - Termination of Contracts
-FC 49.002 Termination of commercial products or services contracts awarded under FAR+FAR part 49 does not apply to contracts for commercial products or commercial services
+awarded under FAR part 12. While FAR part 49 can be used as guidance, the procedures for
+termination for the government’s convenience and termination for cause are provided under
+FAR 12.403 and FAR 52.212-4(l) or (m) for commercial products and commercial services; or
+FAR 52.213-4(f) or (g) for simplified acquisitions for other than commercial products and
+commercial services.
+FC 49.1 Use of the cost principles.
+The cost principles and procedures in the applicable subpart of FAR part 31 should, subject to
+the general principles in FAR 49.201, be used to assert, negotiate, or determine costs relevant
+to termination settlements under contracts with other than educational institutions. They should
+also be a guide for negotiating settlements under contracts for experimental, developmental, or
+research work with educational institutions ( see FAR 31.104).
+116
+Federal Acquisition Regulation (FAR) Companion
+FC 49.108-2(c) Government assistance in settling subcontracts.
+In unusual cases, the termination contracting officer (TCO) may determine, with the consent of
+the prime contractor, that it is in the government’s interest to assist the prime contractor with
+settling a particular subcontract. In these situations, the government, the prime contractor, and a
+subcontractor may enter into an agreement covering the settlement of one or more
+subcontracts. In these settlements, the subcontractor is paid through the prime contractor as
+part of the overall settlement with the prime contractor.
+FC 49.404 Completion by another contractor.
+If the surety does not arrange for completion of the contract, the contracting officer may arrange
+for completion of the work by awarding a new contract based on the same plans and
+specifications. The new contract may be awarded by using any appropriate contracting method
+or procedure.