FAR 49.402-8—Reporting Information.
Plain-English Summary
FAR 49.402-8 is a narrow but important reporting requirement tied to terminations for default. It covers the contracting officer’s duty, under agency procedures, to ensure that information about a termination for default notice is reported, and that any later withdrawal of that notice or conversion of the action to a termination for convenience is also reported. The section points to FAR 42.1503(h), which governs the contract performance information system entry for termination-related actions. In practice, this means the official record must accurately reflect not only the original default action, but also any later correction, reversal, or change in the termination basis. The purpose is to preserve an accurate government-wide procurement record, support future source selection and responsibility determinations, and avoid misleading performance history. For contractors, this section matters because a default notice can affect past performance records and future business opportunities unless the record is updated when the action is withdrawn or converted.
Key Rules
Report default notices
When a termination for default notice is issued, the contracting officer must ensure the information is reported in accordance with FAR 42.1503(h). The reporting requirement applies even though the section is brief and does not restate the mechanics of the reporting system.
Report withdrawals
If the termination for default notice is later withdrawn, that change must also be reported. The record should show that the original default notice no longer stands.
Report conversions to convenience
If the termination for default is converted to a termination for convenience, the contracting officer must ensure that the reporting reflects the conversion. This prevents the performance record from incorrectly showing a default as the final action.
Follow agency procedures
The contracting officer must act in accordance with agency procedures when making the report. Agencies may have internal workflows, approvals, or system-entry requirements that implement the FAR reporting obligation.
Use the prescribed performance system
The reporting must be made under FAR 42.1503(h), which means the information belongs in the contract performance reporting framework used for termination-related records. The section is about accurate recordkeeping, not a separate substantive termination decision.
Responsibilities
Contracting Officer
Ensure that the termination for default notice is reported, and ensure that any later withdrawal or conversion to termination for convenience is also reported in accordance with FAR 42.1503(h) and agency procedures.
Agency
Establish and follow internal procedures that implement the reporting requirement, including any system-entry, review, or coordination steps needed to capture termination-related information accurately.
Contractor
Monitor the contract performance record and, when appropriate, verify that any withdrawal or conversion is reflected accurately; if the record is incorrect, raise the issue through the contracting officer or applicable dispute/administrative channels.
Practical Implications
A default notice can have lasting past-performance consequences, so timely reporting and later correction are critical to avoid an inaccurate record.
The biggest pitfall is failing to update the record after a withdrawal or conversion, which can leave a contractor incorrectly marked as defaulted.
Contracting officers should coordinate closely with agency performance reporting personnel to make sure the final status matches the actual termination action.
Contractors should not assume that a favorable conversion automatically updates the record; they should confirm the reporting was completed.
Because the section cross-references FAR 42.1503(h), users must look to that provision and agency procedures for the actual reporting mechanics and timing.
Official Regulatory Text
The contracting officer, in accordance with agency procedures, shall ensure that information relating to the termination for default notice and a subsequent withdrawal or a conversion to a termination for convenience is reported in accordance with 42.1503 (h).