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Which Clause to Use?


jljordan

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I have a commercial contract that I am administering and am preparing to terminate for convenience.

The following clauses are included: FAR 52.212-4 and FAR 52.249-2.

52.212-4 was not tailored in any way, nor is there any documentation in the contract file as to why the KO included 52.249-2.

I have read FAR 12.403(a) which states the requirements of Part 49 do not apply when terminating contracts for commercial items, but can be used for guidance.

My question is this: since both clauses are in the contract, do I simply ignore 52.249-2 and use 52.212-4 exclusively?

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