C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER G—CONTRACT MANAGEMENT › PART 49—TERMINATION OF CONTRACTS › Subpart 49.1—General Principles

48 C.F.R. § 49.109-1

49.109-1 General.

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When a termination settlement has been negotiated and all required reviews have been obtained, the contractor and the TCO shall execute a settlement agreement on Standard Form 30 (Amendment of Solicitation/Modification of Contract) (see 49.603). The settlement shall cover (a) any setoffs that the Government has against the contractor that may be applied against the terminated contract and (b) all settlement proposals of subcontractors, except proposals that are specifically excepted from the agreement and reserved for separate settlement.

Notes of Decisions
Cited in 4 cases, 1998–2013 · leading case: Applied Companies v. United States
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Applied Companies v. United States (1998) cafc “The provision in question, 48 C.F.R. § 49.109-1 , states that a termination settlement agreement “shall cover any setoffs that the Government has against the contractor that may be applied against the terminated contract.”
H.T. Johnson, Acting Secretary of the Navy v. All-State Construction, Inc. (2003) cafc “” 48 C.F.R. § 49.109-1 . The court held that the agreement did not limit the government’s right to set off obligations owed under other contracts because it did not explicitly bar such set-offs.”
Sigma Construction, Inc. v. United States (2013) uscfc “001 ; 48 C.F.R. § 49.109-1 . In addition, FAR 2.”
Sperient Corporation, Inc. v. United States (2013) uscfc “001 ; 48 C.F.R. § 49.109-1 . In addition, FAR 2.”
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