48 C.F.R. § 49.102

49.102 Notice of termination.

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(a) General. The contracting officer shall terminate contracts for convenience or default only by a written notice to the contractor (see 49.601). The notice of termination may be expedited by means of electronic communication capable of providing confirmation of receipt by the contractor. When the notice is mailed, it shall be sent by certified mail, return receipt requested. When the contracting office arranges for hand delivery of the notice, a written acknowledgment shall be obtained from the contractor. The notice shall state—

(1) That the contract is being terminated for the convenience of the Government (or for default) under the contract clause authorizing the termination;

(2) The effective date of termination;

(3) The extent of termination;

(4) Any special instructions; and

(5) The steps the contractor should take to minimize the impact on personnel if the termination, together with all other outstanding terminations, will result in a significant reduction in the contractor's work force (see paragraph (g) of the notice in 49.601-2). If the termination notice is by telegram, include these steps in the confirming letter or modification.

(b) Distribution of copies. The contracting officer shall simultaneously send the termination notice to the contractor, and a copy to the contract administration office and to any known assignee, guarantor, or surety of the contractor.

(1) Correct nonsubstantive mistakes in the notice;

(2) Add supplemental data or instructions; or

(3) Rescind the notice if it is determined that items terminated had been completed or shipped before the contractor's receipt of the notice.

(d) Reinstatement of terminated contracts. Upon written consent of the contractor, the contracting office may reinstate the terminated portion of a contract in whole or in part by amending the notice of termination if it has been determined in writing that—

(1) Circumstances clearly indicate a requirement for the terminated items; and

(2) Reinstatement is advantageous to the Government.

[48 FR 42447, Sept. 19, 1983, as amended at 81 FR 83099, Nov. 18, 2016]

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1986–2025 · leading case: Turner Const. Co., Inc. v. United States, 645 F.3d 1377 (Fed. Cir. 2011).

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Turner Const. Co., Inc. v. United States, 645 F.3d 1377 (Fed. Cir. 2011). · cites it 2× “” 48 C.F.R. § 49.102 (d). Harberfc-Gorrie timely appealed.”

Tecom, Inc. v. United States, 66 Fed. Cl. 736 (Fed. Cl. 2005). “In response to a cure notice, the contractor must provide assurances to the Government “that progress is being made toward a timely completion of the contract, or to explain that the reasons for any prospective delay in completion of the contract are not the responsibility of…”

United States v. Hirani Eng'g & Land Surveying, PC, 962 F.3d 587 (D.C. Cir. 2020). “” 48 C.F.R. § 49.102 (a)(2). The Corps’ termination purported to be “effective immediately.”

Exec. Court Reporters, Inc. v. United States, 29 Fed. Cl. 769 (Fed. Cl. 1998). “In this case the federal district court terminated the contract by enjoining plaintiff from performing any work under the contract.”

Hannon Elec. Co. v. United States, 31 Fed. Cl. 135 (Fed. Cl. 1994). “” 48 C.F.R. 49.102(d) (1993). This decision lies wholly within the discretion of the CO.”

Data Gen. Corp. v. Johnson, 78 F.3d 1556 (Fed. Cir. 1996). “The government cites 48 C.F.R. § 49.102 (d) as its authority for “reinstating” the contract.”

Linan-Faye Constr. Co. v. Hous. Auth., 847 F. Supp. 1191 (D.N.J. 1994). “These sections generally require that the contractor stop work, terminate all subcontracts, notify the government of any legal proceedings growing out of the subcontract, settle his accounts and submit to the contracting officer his termination claim.”

Chemung Cnty. v. Dole, 781 F.2d 963 (2d Cir. 1986). “A party whose contract is being terminated must receive unequivocal, written notice, 48 C.F.R. § 49.102 . That requirement clearly was not met in this case.”

United States v. Hirani Eng'g & Land (AMENDED OPINION) (D.C. Cir. 2022). “” 48 C.F.R. § 49.102 (a)(2). The Corps’ termination purported to be “effective immediately.”

Dzyne Tech., LLC v. Spaceflight, Inc. (C.D. Cal. 2025). “20 48 C.F.R. § 49.102 21 It is also undisputed that the LSA provided DZYNE with certain “Customer Termination 22 Rights.”

— 48 C.F.R. § 49.102(d) — 1 case

Hannon Elec. Co. v. United States, 31 Fed. Cl. 135 (Fed. Cl. 1994). “” 48 C.F.R. 49.102(d) (1993). This decision lies wholly within the discretion of the CO.”

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