52.249-12 Termination (Personal Services)
Source: FAR 52.249-12 on acquisition.gov
FAR 52.249-12 allows either party to terminate a personal services contract with at least 15 days’ written notice, but contractors need written consent from the Contracting Officer.
Overview
FAR 52.249-12 establishes the procedures for terminating personal services contracts. This clause allows either the Government or the contractor to terminate the contract with at least 15 days’ written notice. The contractor must obtain the written consent of the Contracting Officer before initiating termination. The clause is designed to provide flexibility for both parties in managing personal services contracts, ensuring that terminations are handled in an orderly and documented manner.
Key Rules
- Government-Initiated Termination
- The Government can terminate the contract at any time by providing at least 15 days’ written notice to the contractor.
- Contractor-Initiated Termination
- The contractor may terminate the contract with at least 15 days’ written notice, but only with the written consent of the Contracting Officer.
Responsibilities
- Contracting Officers: Must provide written notice for termination and grant written consent for contractor-initiated terminations.
- Contractors: Must provide written notice and obtain written consent from the Contracting Officer before terminating the contract.
- Agencies: Ensure compliance with notice and consent requirements for all personal services contracts.
Practical Implications
- This clause exists to provide a clear, fair process for ending personal services contracts.
- It impacts daily contracting by requiring proper documentation and advance notice for terminations.
- Common pitfalls include failing to provide adequate notice or not obtaining required written consent, which can lead to disputes or noncompliance.
As prescribed in 49.505(a), insert the following clause in solicitations and contracts for personal services (see part 37 ):
Termination (Personal Services) (Apr 1984)
The Government may terminate this contract at any time upon at least 15 days’ written notice by the Contracting Officer to the Contractor. The Contractor, with the written consent of the Contracting Officer, may terminate this contract upon at least 15 days’ written notice to the Contracting Officer.
(End of clause)