Title 14 — Coast Guard
Chapter 11 — Acquisitions
§ 1155. Contract termination
Statutory text
In General.—
Notification.—
Before terminating a procurement or acquisition contract with a total value of more than $1,000,000, the Commandant of the Coast Guard shall notify each vendor under such contract and require the vendor to maintain all work product related to the contract until the earlier of—
not less than 1 year after the date of the notification; or
the date the Commandant notifies the vendor that maintenance of such work product is no longer required.
Work Product Defined.—
In this section the term “work product”—
means tangible and intangible items and information produced or possessed as a result of a contract referred to in subsection (a); and
includes—
any completed end items;
any uncompleted end items; and
any property in the contractor’s possession in which the United States Government has an interest.
Penalty.—
A vendor that fails to maintain work product as required under subsection (a) is liable to the United States for a civil penalty of not more than $25,000 for each day on which such work product is unavailable.
Report.—
In general.—
Except as provided in paragraph (2), not later than 45 days after the end of each fiscal year the Commandant of the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing—
all Coast Guard contracts with a total value of more than $1,000,000 that were terminated in the fiscal year;
all vendors who were notified under subsection (a)(1) in the fiscal year, and the date of such notification;
all criminal, administrative, and other investigations regarding any contract with a total value of more than $1,000,000 that were initiated by the Coast Guard in the fiscal year;
all criminal, administrative, and other investigations regarding contracts with a total value of more than $1,000,000 that were completed by the Coast Guard in the fiscal year; and
an estimate of costs incurred by the Coast Guard, including contract line items and termination costs, as a result of the requirements of this section.
Limitation.—
The Commandant is not required to provide a report under paragraph (1) for any fiscal year for which there is no responsive information as described in subparagraphs (A) through (E) of paragraph (1).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. C title XXXV § 3523(a) · 132 Stat. 1636
Enacted · 14 U.S.C. § 1155
Added Pub. L. 115–232, div. C, title XXXV, § 3523(a), Aug. 13, 2018, 132 Stat. 2315, § 657
Source evidence
Code source credit
Added Pub. L. 115–232, div. C, title XXXV, § 3523(a), Aug. 13, 2018, 132 Stat. 2315, § 657Enacted provision · exact public law section
(a) In General.— Chapter 17 of title 14, United States Code, is amended by inserting after section 656 the following: “§ 657. Contract termination “(a) In General.— “(1) Notification.— Before terminating a procurement or acquisition contract with a total value of more than $1,000,000, the Commandant of the Coast Guard shall notify each vendor under such contract and require the vendor to maintain all work product related to the contract until the earlier of— “(A) not less than 1 year after the date of the notification; or “(B) the date the Commandant notifies the vendor that maintenance of such work product is no longer required. “(b) Work Product Defined.— In this section the term ‘work product’— “(1) means tangible and intangible items and information produced or possessed as a result of a contract referred to in subsection (a); and “(2) includes— “(A) any completed end items; “(B) any uncompleted end items; and “(C) any property in the contractor’s possession in which the United States Government has an interest. “(c) Penalty.— A vendor that fails to maintain work product as required under subsection (a) is liable to the United States for a civil penalty of not more than $25,000 for each day on which such work product is unavailable. “(d) Report.— “(1) In general.— Except as provided in paragraph (2), not later than 45 days after the end of each fiscal year the Commandant of the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing— “(A) all Coast Guard contracts with a total value of more than $1,000,000 that were terminated in the fiscal year; “(B) all vendors who were notified under subsection (a)(1) in the fiscal year, and the date of such notification; “(C) all criminal, administrative, and other investigations regarding any contract with a total value of more than $1,000,000 that were initiated by the Coast Guard in the fiscal year; “(D) all criminal, administrative, and other investigations regarding contracts with a total value of more than $1,000,000 that were completed by the Coast Guard in the fiscal year; and “(E) an estimate of costs incurred by the Coast Guard, including contract line items and termination costs, as a result of the requirements of this section. “(2) Limitation.— The Commandant is not required to provide a report under paragraph (1) for any fiscal year for which there is no responsive information as described in subparagraphs (A) through (E) of paragraph (1).” .Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 title I § 108(b) · 132 Stat. 4192
Changed · 14 U.S.C. § 1155
Pub. L. 115–282 renumbered section 657 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–282 renumbered section 657 of this title as this section.Enacted provision · exact public law section
(b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 11 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 561Acquisition directorate1101 562Improvements in Coast Guard acquisition management1102 578Role of Vice Commandant in major acquisition programs1103 563Recognition of Coast Guard personnel for excellence in acquisition1104 564Prohibition on use of lead systems integrators1105 565Required contract terms1106 579Extension of major acquisition program contracts1107 566Department of Defense consultation1108 567Undefinitized contractual actions1109 569Mission need statement1110 571Identification of major system acquisitions1131 572Acquisition1132 573Preliminary development and demonstration1133 574Acquisition, production, deployment, and support1134 575Acquisition program baseline breach1135 576Acquisition approval authority1136 665Restriction on construction of vessels in foreign shipyards1151 577Advance procurement funding1152 96Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards1153 97Procurement of buoy chain1154 657Contract termination1155 581Definitions1171
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
2018—Pub. L. 115–282 renumbered section 657 of this title as this section.
Credits
2018 · 2 acts
- 2018Added Pub. L. 115–232, div. C, title XXXV, § 3523(a), , 132 Stat. 2315, § 657
- 2018renumbered § 1155, Pub. L. 115–282, title I, § 108(b), , 132 Stat. 4208.
Show as published
(Added Pub. L. 115–232, div. C, title XXXV, § 3523(a), , 132 Stat. 2315, § 657; renumbered § 1155, Pub. L. 115–282, title I, § 108(b), , 132 Stat. 4208.)