Provision Language
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
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B.3. ADVANCE UNDERSTANDINGS
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(l) FAR 52.212-4 (l), the Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Letter Contract Termination: In accordance with FAR 52.212-4(m), the Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
SECTION F – DELIVERIES OR PERFORMANCE
F.1. PERIOD OF PERFORMANCE
The period of performance of the contract is anticipated to be July 30, 2020 through July 29, 2021. [Amendment 4 amended this period to July 30 2021 to December 30, 2021 per the description of amendments on the cover page.]
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS (Amendment 1)
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B.3. ADVANCE UNDERSTANDINGS
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(c) Liquidated Damages – Milestone-Based Payments: If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, and fails to cure within the time specified by the Government and the Government terminates this contract in whole or in part for cause, the Contractor shall, in place of actual damages, pay to the Government liquidated damages in the amount of 33% of the amount(s) already disbursed to date under the contract. Any liquidated damaged owed by the Contractor shall be paid to the Government no later than 6 months from the date of termination.
The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in FAR Clause 52.212-4, Contract Terms and Conditions- Commercial Items, incorporated in this contract.