48 C.F.R. § 52.249-1

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form).

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As prescribed in 49.502(a)(1), insert the following clause:

Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984)

The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the rights, duties, and obligations of the parties, including compensation to the Contractor, shall be in accordance with part 49 of the Federal Acquisition Regulation in effect on the date of this contract.

(End of clause)

Alternate I (APR 1984). If the contract is for dismantling, demolition, or removal of improvements, designate the basic clause as paragraph (a) and add the following paragraph (b):

(b) Upon receipt of the termination notice, if title to property is vested in the Contractor under this contract, it shall revest in the Government regardless of any other clause of the contract, except for property that the Contractor (a) disposed of by bona fide sale or (b) removed from the site.

[48 FR 42478, Sept. 19, 1983, as amended at 71 FR 57369, Sept. 28, 2006]

Notes of Decisions

Cited in 8 cases, 1988–2018 · leading case: A.L. Prime Energy Consultant, Inc. v. Mass. Bay Transp. Auth., 95 N.E.3d 547 (Mass. 2018).

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A.L. Prime Energy Consultant, Inc. v. Mass. Bay Transp. Auth., 95 N.E.3d 547 (Mass. 2018). · cites it 3× “" 48 C.F.R. §§ 52.249-1 to 52.249-6. 5 Judicial interpretation of this language has evolved along with the changes in statutory and regulatory requirements, primarily in the United States Court of Appeals for the Federal Circuit and the Court of Claims, which was the predecessor…”

In the Matter of West Elec. Inc. Appeal of United States of Am., by the United States Air Force, 852 F.2d 79 (3rd Cir. 1988). “See 48 C.F.R. § 52.249-1 , et seq.; 48 C.F.R.”

Questar Builders, Inc. v. CB Flooring, LLC, 978 A.2d 651 (Md. 2009). “2002); see also 48 C.F.R. 52.249-1 to -5 (2009); accord 48 C.”

Gulf Grp. Gen. Enter. Co. W.l.l., Plaintiff, v. United States, Defendant, 114 Fed. Cl. 258 (Fed. Cl. 2013). “The latrine contract also incorporated by reference 48 C.F.R. § 52.249-1 (1984), Termination for Convenience of the Government (Fixed—Price) (Short Form), which states: “The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in…”

Kentucky Bridge & Dam, Inc. v. United States, 42 Fed. Cl. 501 (Fed. Cl. 1998). “F-77, 48 C.F.R. § 52.249-1 , titled in the contract "Termination for Convenience (Short Form) (Under $100 K).”

Pacificorp Capital, Inc. v. United States, 25 Cl. Ct. 707 (Ct. Cl. 1992). “” 48 C.F.R. § 52.249-1 (1990). This regulatory provision gives the government a broad right to terminate for the convenience of the government, without cause, but guarantees the contractor entitlement to certain payments, although the contractor’s recovery is limited to costs…”

Linan-Faye Constr. Co. v. Hous. Auth., 847 F. Supp. 1191 (D.N.J. 1994). “249-1 to -4, 48 C.F.R. § 52.249-1 to -4 (containing various forms of termination for convenience clause).”

Innovative Element, LLC v. United States (Fed. Cl. 2018). “See 48 C.F.R. §§ 52.249-1 , 2, 3, 4, 5. Without an administrative record containing the now-terminated contract award, the court is unable to determine which of the mandatory termination clauses was cited.”

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