DCMA-MAN 2501-06, October 2, 2018
Change 1 Effective, September 11, 2020
Section 3: Termination for Convenience Procedures 8
SECTION 3: TERMINATION FOR CONVENIENCE PROCEDURES
3.1. OVERVIEW. FAR Part 49, Termination of Contracts and the FAR clauses that apply the
Government’s termination rights to contractors provide authorization for contracting officers to
terminate contracts and to enter into settlement agreements. Termination authority resides with
the PCO. After termination, the PCO delegates settlement administration to TCOs. Upon
receipt of a termination case, the TCO provides cradle-to-grave settlement services to buying
commands. The TCO advises the PCO of any excess funds that can be released from the
contract and provides status reports when the termination case is initially established,
semiannually by 30 April and 30 October, and upon final settlement. The TCO contacts the
contractor advising on the settlement process, settlement forms, instructions on creating a
settlement proposal, and guidelines on termination inventory, if applicable. The TCO evaluates
settlement proposals for adequacy, obtains the appropriate field reviews, if required, coordinates
the return of government furnished property, disposes of termination inventory, and issues the
final settlement modification. After final settlement, the TCO returns the termination file to the
assigned ACO for inclusion in the contract file and for close out of the contract. A termination
case may be returned to the appropriate PCO if, after three requests for assistance or additional
information, a response is not provided to the TCO. The responsibility for settling Terminations
for Default remains with the PCO and is not delegated to the TCO. This Manual provides
guidance for executing the termination settlement process.
3.2. RECEIVE THE TERMINATION NOTIFICATION. The PCO issues a written
termination notice to the contractor. The executed notice is distributed to the contractor and
ACO. Upon receipt, the ACO shall upload the termination notice and all documents related to
the termination into the Agency system of record for termination files. (In some instances,
termination notices are submitted directly to the Terminations Group from the PCO via email or
the termination inbox. The terminations inbox email address is located on the Resource Page of
this Manual). If the notification is received via the inbox, the TCO must provide notice to the
ACO of the termination. When received by the Terminations Group, a termination supervisor
creates a termination case and assigns to the TCO.
a. The TCO must review the termination notice to ensure compliance with the requirements
of FAR Part 49 (non-commercial items), FAR Part 12 (commercial items), and, if FAR Part 49
applies, Defense Federal Acquisition Regulations Supplement (DFARS) Part 249. The TCO
must review the notice to ensure it contains the requirements outlined in FAR 49.102, Notice of
Termination. If the notice is not in compliance, the TCO must notify the PCO. The termination
notice must state:
(1) The contract is being terminated for the convenience of the Government under the
contract clause authorizing the termination;
(2) The effective date of termination;
(3) The extent of termination; and
(4) Any special instructions.