FAR 52.241-10 Termination Liability. Basic (Feb 1995) (Current)

As prescribed in 41.501(d)(4), the contracting officer shall insert clauses substantially the same as the clauses listed below in solicitations and contracts under the prescribed conditions— 52.241-10, Termination Liability, when payment is to be made to the contractor upon termination of service in conjunction with or in lieu of a connection charge upon completion of the facilities.

Termination Liability (Feb 1995)

(a) If the Government discontinues utility service under this contract before completion of the facilities cost recovery period specified in paragraph (b) of this clause, in consideration of the Contractor furnishing and installing at its expense, the new facility described herein, the Government shall pay termination charges, calculated as set forth in this clause.

(b) Facility cost recovery period. The period of time, not exceeding the term of this contract, during which the net cost of the new facility shall be recovered by the Contractor is ______ months. [Insert negotiated duration.]

(c) Net facility cost. The cost of the new facility, less the agreed upon salvage value of such facility, is $_______. [Insert appropriate dollar amount.]

(d) Monthly facility cost recovery rate. The monthly facility cost recovery rate which the Government shall pay the Contractor whether or not service is received is $_____. [Divide the net facility cost in paragraph (c) of this clause by the facility’s cost recovery period in paragraph (b) of this clause and insert the resultant figure.]

(e) Termination charges. Termination charges = $____. [Multiply the remaining months of the facility's cost recovery period specified in paragraph (b) of this clause by the monthly facility cost recovery rate in paragraph (d) of this clause and insert the resultant figure.]

(f) If the Contractor has recovered its capital costs at the time of termination there will be no termination liability charge.

(End of clause)

NONE

Services ✖ Supplies ✖ Subcontractor ✖ Utility ✔ Construction ✖ Architect-Eng ✖ (Applies to utility services);

52.212-4 Contract Terms and Conditions-Commercial Items.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.222-12 Contract Termination-Debarment.

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

52.249-10 Default (Fixed-Price Construction).

52.249-12 Termination (Personal Services).

52.249-2 Termination for Convenience of the Government (Fixed-Price).

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements).

52.249-4 Termination for Convenience of the Government (Services) (Short Form).

52.249-5 Termination for Convenience of the Government (Educational and Other Nonprofit Institutions).

52.249-6 Termination (Cost-Reimbursement).

52.249-7 Termination (Fixed-Price Architect-Engineer).

52.249-8 Default (Fixed-Price Supply and Service).

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

52.209-14 Reserve Officer Training Corps and Military Recruiting on Campus.

252.227-7003 Termination.

252.237-7007 Termination for Default.

252.239-7007 Cancellation or Termination of Orders.

252.249-7000 Special Termination Costs.

252.249-7002 Notification of Anticipated Contract Termination or Reduction.

552.270-7 Fire and Casualty Damage.

552.215-72 Price Adjustment—Failure to Provide Accurate Information.

552.236-6 Superintendence by the Contractor.

952.204-71 Sensitive foreign nations controls.

952.209-72 Organizational conflicts of interest.

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