FAR 52.249-12—Termination (Personal Services).
Plain-English Summary
FAR 52.249-12, Termination (Personal Services), is a short clause that governs how a personal services contract may be ended before its normal completion. It addresses four core topics: when the clause must be used in solicitations and contracts, the Government’s right to terminate the contract, the contractor’s limited right to terminate, the required 15-day written notice period, and the need for the Contracting Officer’s written consent if the contractor wants to end the contract. The clause exists because personal services arrangements are treated differently from ordinary supply or nonpersonal service contracts, and the Government needs a clear, simple mechanism to stop the relationship when needed. In practice, this clause gives the Government broad flexibility to end the contract on short notice, while giving the contractor only a conditional ability to do the same. It is important for both parties to understand that this clause is about termination authority and notice timing; it does not itself spell out settlement, payment, or other post-termination procedures. Those issues may be addressed elsewhere in the contract or under applicable FAR provisions.
Key Rules
Required in personal services
This clause is prescribed for solicitations and contracts for personal services, as identified in FAR Part 37. If the acquisition is not a personal services arrangement, this clause is generally not the right termination clause.
Government may terminate anytime
The Government has the right to terminate the contract at any time, so long as the Contracting Officer gives at least 15 days’ written notice to the contractor. The clause does not require the Government to show cause or obtain contractor approval.
Contractor needs consent
The contractor may terminate only with the written consent of the Contracting Officer. The contractor cannot unilaterally end the contract under this clause.
Fifteen-day written notice
Both sides must provide at least 15 days’ written notice before termination takes effect. The notice requirement is a minimum timing rule and should be handled carefully to avoid disputes over the effective date.
Contracting Officer is the notice authority
For the Government, the Contracting Officer is the official who must issue the written termination notice. For contractor-initiated termination, the contractor must direct the notice to the Contracting Officer and obtain written approval.
Responsibilities
Contracting Officer
Ensure the clause is included when the acquisition is for personal services; issue any Government termination notice in writing; provide at least 15 days’ notice; and decide whether to give written consent if the contractor requests to terminate.
Contractor
Comply with the Government’s termination notice if received; if seeking to terminate, submit at least 15 days’ written notice to the Contracting Officer and obtain the Contracting Officer’s written consent before the termination can take effect.
Agency
Use the clause only in appropriate personal services acquisitions under FAR Part 37 and support the Contracting Officer in managing terminations and any related transition or closeout actions.
Practical Implications
The Government has broad flexibility to end a personal services contract quickly, so contractors should plan staffing and financial exposure with the 15-day notice period in mind.
A contractor cannot simply walk away; without the Contracting Officer’s written consent, a contractor-initiated termination is not authorized under this clause.
Because the clause is brief, parties should look to the rest of the contract and applicable FAR provisions for settlement, final payment, property return, and closeout procedures.
Notice disputes often turn on whether the notice was in writing, who signed it, and when the 15-day period started, so documentation matters.
Contracting Officers should confirm the acquisition is truly a personal services arrangement before using this clause, since misuse can create legal and administration problems.
Official Regulatory Text
As prescribed in 49.505 (a) , insert the following clause in solicitations and contracts for personal services (see part 37 ): Termination (Personal Services) (Apr 1984) The Government may terminate this contract at any time upon at least 15 days’ written notice by the Contracting Officer to the Contractor. The Contractor, with the written consent of the Contracting Officer, may terminate this contract upon at least 15 days’ written notice to the Contracting Officer. (End of clause)