No-cost settlement
A no-cost settlement allows for quick contract termination when neither party has outstanding financial obligations, streamlining the closeout process.
Overview
FAR 49.109-4 addresses the process for executing a no-cost settlement agreement in the event of contract termination. A no-cost settlement is appropriate when the contractor has not incurred any costs for the terminated portion of the contract, or is willing to waive any costs incurred, and there are no amounts owed to the Government. In such cases, the Termination Contracting Officer (TCO) is required to formalize the termination through a no-cost settlement agreement, using the prescribed formats in FAR 49.603-6 or 49.603-7, as applicable. This process streamlines contract closeout when neither party has outstanding financial obligations, reducing administrative burden for both the contractor and the Government.
Key Rules
- No Incurred Costs or Waiver
- A no-cost settlement is used if the contractor has not incurred costs for the terminated portion, or agrees to waive any costs incurred.
- No Amounts Due to Government
- The agreement is only executed if the contractor does not owe any amounts to the Government under the contract.
- Use of Prescribed Agreement Formats
- The TCO must use the appropriate no-cost settlement agreement format as specified in FAR 49.603-6 or 49.603-7.
Responsibilities
- Contracting Officers: Must determine eligibility for no-cost settlement and execute the agreement using the correct format.
- Contractors: Must confirm no costs incurred or agree to waive costs, and ensure no amounts are owed to the Government.
- Agencies: Oversee proper execution and documentation of no-cost settlements.
Practical Implications
- This provision allows for efficient contract closeout when there are no financial claims by either party.
- It minimizes paperwork and expedites the termination process.
- Contractors should ensure all costs are accounted for and be prepared to formally waive any claims if seeking a no-cost settlement.