FORMS 9. Disposal Credits. Furnish information as to applicable disposal credits and give dollar amounts of all disposal credits. 10. Plant Clearance. State whether all plant clearance action has been complete and all inventory sold, retained or otherwise properly disposed of in accordance with applicable plant clearance regulations. Comment on any unusual matters pertaining to plant clearance. Consolidated closing plant clearance report is attached. 11. Government Property. State whether all Government property has been accounted for. 12. Special Tooling. If involved, furnish comment on disposition. 13. Summary of Settlement. Summarize the settlement in tabular form substantially as follows: 14. Exclusions. Describe any proposed reservation of rights to the Government or to the contractor. PART V-RECOMMENDATION 1. Recommendation. Include statement as to the amount of the gross settlement and recommendation that it is fair and reasonable to the Government and the contractor. 2. Signature. The Contracting Officer will sign and date the memorandum. 8.809 Format for Termination Contracting Officer's Settlement Memorandum for Cost-Reimbursement Type Contracts. This memorandum shall be addressed to a reviewing authority or the file in accordance with 8.211. This format may be appropriately modified and used to cover subcontract settlements. PART I-GENERAL INFORMATION 1. Identification. (Identify memorandum as to its purpose and content.) a. Name and address of the contractor. Comment on any pertinent affiliation between prime and subcontractors relative to the overall settlement. b. Names and titles of contractor and Government personnel who participated in the negotiation. 2. Description of Terminated Contract. a. Date of contract and contract number. b. Type of contract. c. General description of contract items. d. State total contract cost and fee data if complete termination. e. Furnish reference to the contract termination provisions (cite NASA PR designation or other special provisions). NASA PROCUREMENT REGULATION 8.809 TERMINATION OF CONTRACTS 3. Termination Notice. a. Reference termination notice and state effective date of termination. b. Scope and nature of termination (complete or partial, items terminated, estimated costs and fee data applicable to items terminated). c. State whether termination notice was amended, and if so, explain. d. Explain scope of the settlement as to whether settlement concerns fee only or whether costs are also included. PART II-CONTRACTOR'S SETTLEMENT PROPOSAL 1. Date and Amount. Indicate date and location where claim was filed. State gross amount of claim. (If interim settlement proposals were filed, furnish information for each claim.) 2. Examination of Proposal. State type of reviews made and by whom (audit, engineering, legal, or other). PART III-TABULAR SUMMARY OF SETTLEMENT 1. Summary. Summarize the proposed settlement in tabular form substantially as shown in Attachments A and B. Partial settlements may be summarized on Attachment B. 2. Comments. Furnish comments in amplification of tabular summaries. a. Summary of Final Settlement (see Attachment A). (1) If the auditor's final report was not available for consideration, state the circumstances. (2) Explain how the fixed fee was adjusted. Identify basis used, such as percentage of completion. Include a description of factors considered and how they were considered. Include any tabular summaries and breakdowns deemed helpful to an understanding of the process. Factors which may be given consideration are outlined in 8.406. (3) Briefly identify matters included in liability for property and other charges against the contractor arising from the contract. (4) Identify reservations included in the settlement that are other than standard reservations required by regulations and which are concerned with pending claims and refunds. (5) Explain substantial or otherwise important adjustments made in cost figures submitted by the contractor in arriving at the proposed settlement. (6) If unreimbursed costs were settled on a lump sum basis, explain the general basis for and the major factors considered in arriving at this settlement. (7) Comment on any unusual items of cost included in the claim and on any phase of cost allocation requiring particular attention and not covered above. (8) If auditor's recommendations for nonacceptance were not followed, explain briefly the main reasons why such recommendations were not followed. (9) On items recommended for further consideration by the auditor, explain, in general, the basis for the action taken thereon. (10) If any cost previously disallowed by a contracting officer is included in the proposed settlement, identify and explain the reason for inclusion of such costs. (11) Show settlements with subcontractors by breakdown as follows: (12) The following summary will be followed where settlement includes costs and fixed fee in a complete termination. 8.809 Gross Settlement..... Less: Disposal credits.. CFR TITLE 41 CHAPTER 18 Reduction in contract price (credit).................. (13) If the settlement is restricted to an adjustment of the fixed fee only, then the following summary will be included. Amount of reduction in estimated costs:... Amount of reduction in fixed fee................... PART IV-RECOMMENDATION 1. Recommendation. Set forth the amount of the proposed negotiated settlement and make recommendation that the settlement is fair and reasonable to the Government and the contractor and as such should be approved. 2. Signature. The termination contracting officer and negotiator will sign and date the memorandum. NASA PROCUREMENT REGULATION 8.809 10. Amount allowed for prime contractor acquired property taken over by Government in connection with this settlement............. 11. Recapitulation of previous settlements (insert number Aggregate gross amount of previous partial settle- Aggregate net amount of previous partial settle- Aggregate net payment provided in previous par- Aggregate amount allowed for prime contractor 12. Status of Contract (Fill out to extent applicable): b. Audit Status Date...... ... ]]] Date Date c. Total amount of any GAO Exceptions outstand- • Use applicable portion for partial settlement. 8.809 CFR TITLE 41 CHAPTER 18 • Expand the format to include recommendations of technical personnel as required. 8.810 Format for Application for Grant of Authorization. APPLICATION FOR GRANT OF AUTHORIZATION (a) Name of contractor. (b) Address of the principal office of the contractor. (c) Name and location of divisions of the applicant's plant for which authorization requested. (d) An explanation of the necessity and justification for the authorization requested. (e) A full description of the applicant's organization for handling terminations, including the names of the officials in charge of processing and settling claims. (f) The number and dollar amount (estimated if necessary) of uncompleted contracts with Government contracting agencies and the percentage thereof applicable to NASA. (g) The number and dollar amount (estimated if necessary) of uncompleted subcontracts under Government contracts and the percentage thereof applicable to NASA. (h) The extent of the applicant's experience in termination matters, including the handling of claims of subcontractors. (i) The approximate amount and general nature of termination of the applicant currently in process. (j) A statement that no other such application has been made for any division of the applicant's plant covered by the application; or, if one has been made, a full statement of the facts. (k) The limits of authorization requested. 8.810-1 Format of Letter Authorization. NASA PROCUREMENT REGULATION 8.810-1 |