Sec. 8.515 Sec. 8.802-5 DD Form 543-Inventory Schedule B-Raw Materials and DD Form 543c, Inventory Schedule B Continuation Sheet. DD orm 544-Inventory Schedule DD Form 545-Inventory Schedule DD Form 832-Inventory Schedule DD Form 546-Schedule of Ac- 8.802-10 DD Form 548-Application for Partial Payment. Accounting for termination inven tory. Subpart F-Termination for Default 8.802-6 8.802-7 8.802-8 8.802-9 8.808 bursement type contracts. 8.806 DD Form 547-Settlement Proposal for Cost-Reimbursement Type Contracts. DD Form 547s-Notice of Audit Status Date. Scrap Warranty. Forms of Settlement Agreement. Settlement Agreement for Use in Settling Fixed Price Prime Contracts after Complete Termination. (Sept. 1958) Settlement Agreement for Use in Partial Settlement Agreement, for Settlement Agreement for Use in Settlement Agreement for Use in Settling Cost-Reimbursement Type Prime Contracts after Complete Termination where Settlement Is Limited to Fee. (Sept. 1958) No Cost Settlement Agreement— No Cost Settlement Agreement— DD Form 1114-Instructions for (NOTE: A facsimile of each of the forms listed above in §§ 8.802 to 8.807 has been filled with the Federal Register Division; copies of forms may be obtained through the contracting officer in any of the military departments.) AUTHORITY: The provisions of this Part 8 issued under R.S. 161, sec. 2202, 70A Stat. 120; 5 U.S.C. 22, 10 U.S.C. 2202. Interpret or apply secs. 2301-2314, 70A Stat. 127-133; 10 U.S.C. 2301-2314. § 8.000 Scope and applicability of part. (a) This part establishes uniform policies and procedures relating to the complete or partial termination of contracts for the convenience of the Government or for default. It includes uniform contract clauses with respect to termination and excusable delay, and approved forms. termination and settlement (b) This part applies to contracts which by their terms provide for termination for the convenience of the Government or for the default of the contractor, whether or not the clauses in the contract with respect to termination and excusable delay are those set forth in Subpart G of this part. In the event the clauses actually used in the contract are inconsistent with the provisions of this part, the clauses actually used shall control to the extent of the inconsistency. Contracts which do not contain the applicable clauses may, where it is in the best interest of the Government, be amended by agreement prior to or after termination of the contract, to include or substitute such a clause. (c) This part also applies to the disposal of contractor inventory arising out of any modification of a cost-reimbursement type contract pursuant to the Changes clause. (d) When the Head of a Procuring Activity so authorizes, the provisions of this part may be utilized (1) In determining any equitable adjustment as a result of modification of any contract other than a cost-reimbursement type contract pursuant to the Changes clause; (2) In the disposal of any property which has become obsolete or excess for any reason under a contract whenever the cost of such property is made the basis of a claim by the contractor against the Government; or (3) In the disposal of contractor inventory generally. [25 F.R. 14210, Dec. 31, 1960] Subpart A-Definitions of Terms SOURCE: The provisions of this Subpart A appear at 25 F.R. 14211, Dec. 31, 1960, except as otherwise noted. § 8.101 Definitions. As used in this part, the following terms have the meaning stated below: § 8.101-1 Amount of claim or settle ment. When the action to be taken under this part depends upon the amount of a termination claim or settlement, then, in determining such amount, (a) credits for retention or other disposal of termination inventory allocated to the claim and for advance or partial payments shall not be deducted from the gross claim or settlement; but (b) amounts payable for completed articles or work at the contract price, or for the settlement or discharge of termination claims of subcontractors, shall be deducted. § 8.101-2 Common items. "Common items" means material which is common in nature to both the terminated contract and the contractor's other work. § 8.101-3 Continued portion of the con tract. "Continued portion of the contract" means that portion of a partially terminated contract which relates to work or end items not already completed and accepted prior to the effective date of termination and which the contractor must continue to perform. § 8.101-4 Contractor-acquired property. property" "Contractor-acquired is property procured or otherwise provided by the contractor for the performance of a contract, whether or not the Government has title by the terms of the contract, or exercises its contractual right to take title. § 8.101-5 Contractor inventory. "Contractor inventory" means (a) any property acquired by and in the possession of a contractor or subcontractor (including Government-furnished property) under a contract pursuant to the terms of which title is vested in the Government, and in excess of the amounts needed to complete full performance under the entire contract; and § 8.101-7 Effective date of termination. "Effective date of termination" means the date upon which the notice of termination first requires the contractor to stop performance, in whole or in part, under the contract. If, however, the termination notice is received subsequent to the date fixed for termination, then the effective date of termination means the date on which the notice is received. § 8.101-8 Government-furnished property. "Government-furnished property" is property in the possession of or acquired directly by the Government, and subsequently delivered or otherwise made available to the contractor. "Material" means property which may be incorporated into or attached to an end item to be delivered under a contract or which may be consumed or expended in the performance of a contract. It includes, but is not limited to, raw and processed material, parts, components, assemblies, and small tools and supplies which may be consumed in normal use in the performance of the contract. § 8.101-10 Other work. "Other work" means any current or scheduled work of the contractor, whether Government or commercial, other than work related to the terminated contract. § 8.101-11 Partial termination. "Partial termination" means the termination of a part, but not all, of the work which has not been completed and accepted under a contract. § 8.101-12 Plant clearance period. "Plant clearance period" means a period beginning with the effective date of the termination for convenience and ending, for each particular property classification (such as raw materials, purchased parts, and work in process) at any one plant or location, 90 days after receipt by the contracting officer of acceptable inventory schedules covering all items of that particular property classification in the termination inventory at that plant or location, or ending on such later date as may be agreed to by the contracting officer and the contractor. Final phase of a plant clearance period means that part of a plant clearance period after the receipt of acceptable inventory schedules covering all items of the particular property classification at the plant or location. § 8.101-13 Plant equipment. "Plant equipment" means personal property of a capital nature (consisting of machinery, equipment, furniture, vehicles, machine tools, and accessory and auxiliary items, but excluding special tooling) used or capable of use in the manufacture of supplies or in the performance of services or for any administrative or general plant purpose. § 8.101-14 Prime contract. "Prime contract" means any contract as defined in § 1.201-4 of this chapter entered into by any Department or procuring activity. § 8.101-15 Industrial plant equipment. "Industrial plant equipment" means that part of plant equipment which is listed in § 13.312 of this chapter and is reportable to the Defense Supply Agency for screening in accordance with § 8.505. [30 F.R. 5998, Apr. 29, 1965] |