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section49.114

Unsettled contract changes

Overview

This section prescribes the procedures for identifying and resolving outstanding contract changes during the termination settlement process to ensure all financial obligations are captured.

Key Rules

  • Complete Terminations: The Termination Contracting Officer (TCO) must obtain a list of all unsettled changes from the contracting office and incorporate their resolution into the final settlement agreement.
  • Coordination: Before settling changes in a complete termination, the TCO must obtain and consider the recommendations of the contracting office.
  • Partial Terminations: Responsibility for unsettled changes typically remains with the primary contracting officer rather than the TCO.
  • Delegation: In partial terminations, the contracting officer has the discretion to delegate the authority to settle outstanding changes to the TCO.

Practical Implications

  • Administrative Efficiency: Consolidating unsettled changes into the final settlement of a completely terminated contract prevents "piecemeal" litigation or supplemental claims after the contract is closed.
  • Role Clarity: Contractors must identify which official (the PCO or the TCO) has the authority to negotiate specific changes depending on whether the termination is total or partial.

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