(a) When required. The USAID Settlement Review Board shall receive and approve all USAID/W and Mission proposed settlements or determinations if:
(1) The amount of settlement, by agreement or determination, involves $100,000 or more;
(2) The settlement or determination is limited to adjustment of the fee of a cost-reimbursement contract or subcontract and: (i) in the case of complete termination, the fee, as adjusted, with respect to the terminated portion of the contract or subcontract is $100,000 or more; or (ii) in the case of a partial termination, the fee, as adjusted, with respect to the terminated portion of the contract or subcontract is $100,000 or more;
(3) The head of the contracting activity concerned determines that a review of a specific case or class of cases is desirable; or
(4) The contracting officer, in his/her discretion, desires review by the board.
(b) Level of review. Proposed settlements in excess of $5 million shall be reviewed and approved by a board consisting of the M/OAA Director, the General Counsel, and the Controller, without power of redelegation.
(c) Submission of information. The contracting officer shall submit to the board a statement of the proposed settlement agreement or determination, supported by such detailed information as is required for an adequate review. This information should normally include copies of: (1) the contractor’s or subcontractor’s settlement proposal, (2) the audit report, (3) the property disposal report and any required approvals in connection therewith, and (4) the contracting officer’s memorandum explaining the settlement. The board may, in its discretion, require the submission of additional information.
