if a letter contract is terminated prior to definitization, is a unilateral contracting officer final decision considered definitization of that letter contract?

By Anonymous on Friday, February 15, 2002 - 02:22 pm:

Subject to the CDA my opinion is yes.

By Anonymous on Friday, February 15, 2002 - 07:42 pm:

ananymous, contract disputes act? what part? what do you mean?

By Vern Edwards on Saturday, February 16, 2002 - 11:44 am:

scottjone:

I don't understand your question. Terminated how--convenience or default? What did the unilateral decision decide?

By scottjone on Saturday, February 16, 2002 - 04:29 pm:

vern, no problem. tforc. unilateral was TCO final decision. is this a definitization of the terminated contract?

By Vern Edwards on Sunday, February 17, 2002 - 12:15 pm:

scottjone:

I have always thought of definitization as agreement on the final pricing values (firm-fixed-price or estimated cost and fee, etc.) of a letter contract or as agreement on an equitable adjustment related to a change order. A TCO's (termination contracting officer's -- you must work for/with the Air Force) unilateral decision about a termination settlement is just that--a unilateral decision about a termination settlement. I wouldn't refer to it as a contract definitization.

Why is this important? Is there some issue?

By anon1 on Sunday, February 17, 2002 - 03:38 pm:

Vern, I agree with your definition of definitization.Scott, fact was there was a contract by virtue of the letter form. Don't know circumstances of the T for C but I would think that you are entitled to work performed and all other necessary and reasonable termination costs.

By John Ford on Monday, February 18, 2002 - 09:53 am:

Scott, is there a problem in that the contractor incurred more cost than was authorized by the letter contract?