1.603-4
Termination
Contracting officer appointments must be terminated by letter (unless otherwise specified), and terminations cannot be retroactive.
Overview
FAR 1.603-4 outlines the procedures for terminating a contracting officer's appointment. The regulation specifies that termination must be executed by letter unless the original Certificate of Appointment includes provisions for automatic termination. Common reasons for termination include reassignment, end of employment, or unsatisfactory performance. Importantly, any termination is effective only from the date of the action and cannot be applied retroactively. This ensures clarity and legal certainty regarding the authority of contracting officers at any given time.
Key Rules
- Termination by Letter
- Contracting officer appointments are terminated by an official letter unless otherwise specified in the Certificate of Appointment.
- Grounds for Termination
- Termination may occur due to reassignment, employment termination, or unsatisfactory performance.
- No Retroactive Effect
- Terminations are effective only from the date of action and cannot be applied to past actions.
Responsibilities
- Contracting Officers: Must be aware that their authority ends upon receipt of a termination letter or as specified in their Certificate of Appointment.
- Agencies: Must issue termination letters or follow automatic termination provisions and ensure terminations are not retroactive.
- Supervisors/HR: Responsible for initiating termination actions when necessary.
Practical Implications
- This section ensures clear, documented authority for contracting officers and prevents confusion about the validity of their actions. It protects both the agency and the contracting officer from disputes over the timing and legitimacy of contract actions. Common pitfalls include failing to properly document terminations or misunderstanding the effective date of termination.