49.402-8
Reporting Information
Contracting officers must report all terminations for default and any subsequent changes in accordance with agency procedures and FAR 42.1503(h).
Overview
FAR 49.402-8 requires contracting officers to report information regarding terminations for default, as well as any subsequent withdrawal or conversion to a termination for convenience, following agency procedures and the requirements outlined in FAR 42.1503(h). This ensures that accurate records are maintained for contract terminations, which can impact contractor performance evaluations and future contract opportunities.
Key Rules
- Reporting Terminations for Default
- Contracting officers must report all notices of termination for default.
- Reporting Withdrawals or Conversions
- If a termination for default is withdrawn or converted to a termination for convenience, this change must also be reported.
- Follow Agency Procedures and FAR 42.1503(h)
- All reporting must comply with both agency-specific procedures and the requirements in FAR 42.1503(h).
Responsibilities
- Contracting Officers: Must ensure timely and accurate reporting of terminations for default and any subsequent changes, in accordance with agency and FAR requirements.
- Contractors: Should be aware that such terminations and their outcomes are reported and may affect their performance records.
- Agencies: Must establish and enforce procedures for reporting as required by FAR.
Practical Implications
- This regulation ensures transparency and accountability in contract terminations, impacting contractor past performance records.
- Accurate reporting is critical for maintaining reliable contractor performance databases, which influence future contract awards.
- Failure to report or incorrect reporting can lead to compliance issues and affect the integrity of acquisition processes.