CONTRACT ADMINISTRATION

TERMINATION FOR CAUSE – COMMERCIAL ITEM

TASK: TERMINATION FOR CAUSE – COMMERCIAL ITEM

OBJECTIVE: Evaluate the CCO’s ability to assess contract situation and effect a Termination for Cause for Commercial items.

  • Did the CCO ask for a written termination request?
  • Did the CCO use the preferred remedy as stated in FAR 12.403 (c)(2)?
  • Did the CCO issue the contractor a letter IAW FAR 12.403 (c)(3)?
  • Did the CCO effect a SF 30, canceling contract?
  • Did the CCO site T4C clause on the SF 30 as authority?
  • Did the CCO obtain contractor signature on SF 30?
  • Did the CCO accurately complete SF 30 w/all pertinent info?

SITUATION: LT Carpenter, the CE inspector and Mr. Akmed have arrived at the CCO's office. Both appear to be upset. Lt Carpenter informs the CCO that the deployment commander is angry because of delays in the delivery of rebar which was ordered 30 days ago. Mr. Akmed, frustrated with trying to locate the desired rebar, complains that he is tired of trying to please the Americans and simply wants to go home. LT Carpenter has in his pocket a letter addressed to the CCO and signed by the CE commander. The letter informs the CCO, that CE requests termination of the purchase order due to the contractor not fulfilling the contract.

PREFACE: 30 days ago, the CCO awarded a purchase order to Akmed and Sons Construction Co. Mr. Akmed was to provide rebar for a Red Horse project to construct concrete reinforcement walls around a small trailer which housed the deployment commander's office and sleeping quarters. The specifications required the concrete walls to be reinforced using heavy gauge steel rebar. The rebar must be approved by CE before the concrete may be poured and the walls placed in the ground. Despite his continued apologies and promises to comply, thus far Akmed has failed to come up with the required rebar.

PROPS: 1) CCO Completed SF Form 1449. 2) Letter signed by CE/CC requesting termination of contract. 3) Letter to the Contractor

CONTRACT ADMINISTRATION

TERMINATION FOR CAUSE – COMMERCIAL ITEM

From: CE/CC

Subject: Termination Request

To: CCO

1. Request you take all steps necessary to cancel contract F1234-97-M0005 for the purchase of rebar. This action is requested due to the apparent inability of the contractor to provide rebar.

2. The deployment commander has now directed that I take immediate steps to find alternative sources for the rebar. The contractor (Akmed and Sons Construction Co.) has appeared not to make a good faith attempt to obtain the specified rebar.

3. If you have any questions, my POC is Lt Carpenter ext 2122.

Jeffry Concrete

Jeffry Concrete, Maj, USAF

CE Commander

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEM
OFFEROR TO COPLETE BLOCKS 12, 17, 23, 24, & 30 / 1. REQUISITION NUMBER / PAGE 1 OF 33
2. CONTRACT NO. / 3. AWARD/EFFECTIVE DATE / 4. ORDER NUMBER / 5. SOLICITATION NUMBER / 6. SOLICITATION ISSUE DATE
7. FOR SOLICITATION INFORMATI ON CALL / a. NAME / b. TELEPHONE NUMBER / 8. OFFER DUE DATE/LOCAL TIME
9. ISSUED BY / 10. THIS ACQUISITION IS
UNRESTRICTED
SET ASIDE 00000% FOR
SMALL BUSINESS
SMALL DISADV BUS
8(A)
SIC:
SIZE STANDARD: / 11.DELIVERY FOR FOB
DESTINATION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)
13b. RATING 00-C9E
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO / 16. ADMINISTERED BY
SEE BLOCK 9
17a. CONTRACTOR/OFFEROR CODE / 18a. PAYMENT WILL BE MADE BY
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH
ADDRESSW IN OFFER / 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLCOK 18a UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM
19.
ITEM NO. / 20.
SCHEDULE OF SUPPLIES/SERVICES / 21.
QUANTITY / 22.
UNIT / 23.
UNIT PRICE / 24.
AMOUNT

********************************************************************************************************************
THIS CONFIRMS ORDER PLACED WITH ******************* ON 00JUL 15 *
DO NOT DUPLICATE SHIPMENT DO NOT DUPLICATE SHIPMENT DO NOT DUPLICATE SHIPMENT DO NOT DUPLICATE SHIPMENT ***
********************************************************************************************************************
SEE ATTACHED SCHEDULE(S) ITEMS: DELIVER TO FOB POINT BY: 2000 Dec 10
ACCOUNTING AND APPROPRIATION DATA / 26. TOTAL AWARD AMOUNT (for Govt. Use Only)
27a. SOLICIATATION INCORPORATES BY REFERENCE FAR 52.212-1, 52-212-3 AND 52.212-3 AND 52.212-5 ARE ATTACHED ADDENDA ARE
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENTAND RETURN ______COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. / 29. AWARD OF CONTRACT: REFERENCE 97t8850
OFFER DATED ______. YOUR OFFER ON
SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS;
30a. SIGNATURE OF OFFEROR/CONTRACTOR / 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) / 30c. DATE SIGNED / 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) / 31c. DATE SIGNED
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED AND CONFORMS TO THE
CONTRACT, EXCEPT AS NOTED / 33. SHIP NUM BER
PARTIAL FINAL / 34. VOUCHER NUMBER / 35. AMOUNT VERIFIED CORRECT FOR
32b.SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE / 36. PAYMENT
COMPLETE PARTIAL FINAL
S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER
42a. RECEIVED BY (PRINT)
42b. RECEIVED AT (LOCATION)
42c. DATE REC’D YY/MM/DD 42d. TOTAL CONTAINERS / 37. CHECK NUMBER
40. PAID BY

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FOR 1449 (REV. 10-95) Prescribed by GSA-FAR (48 CFR) 53.212

CONTRACT ADMINISTRATION

TERMINATION FOR CAUSE – COMMERCIAL ITEM

From: CCO

To: Akmed and Sons Construction Co

Subject: Termination for Cause – F1234-01-M0005

1. The purpose of this letter is to inform your company that the above referenced purchase order is to be terminated for cause IAW FAR 12.403 (c).

2. The reason this purchase order is being terminated for cause is due to the fact that your company has been unable to provide the required material in the time requested.

3. This office intends to acquire similar items from another contractor in the area. At this time there are no excess re-procurement costs associated with this action.

4. This is the final decision of the Contracting Officer. Your company has the right to appeal this decision under the Disputes clause under FAR 33.211. If you have any questions, please contact the undersigned at 998-3452.

JOE SMITH, TSgt., USAF

Contracting Officer