1529-Contract ModificationsOverview

Question 1

What is the Governments Modification Policy?

Answer 1

Only contracting officer are empowered to execute modifications on behalf of the Government.

Preference for priced modifications if time permits

Question 2

What is a Unilateral Modification?

Answer 2

Change order issued per the changes clause (within scope of contract)

Only contracting officer’s signature needed

May be used for administrative changes such as paying office change, fund cite change, etc.

Question 3

What is a Bi-lateral Modification?

Answer 3

A negotiated equitable adjustment resulting from the issuance of a change order

Requires the signature of the Contracting Officer and the contractor

Question 4

What is a Change Order?

Answer 4

Contracting officer directs the contractor to change to a contract with or without the consent of the contractor

Question 5

What are changes that are “Out of Scope” also considered?

Answer 5

“Cardinal Changes”

Question 6

An “in-scope” modification does not:

Answer 6

Does not place an undue burden on the contractor

Does not disrupt the competitive aspect

Question 7

Cardinal changes:

Are not in scope

Answer 7

Should be the exception, not the rule

Are not prohibited

May require a J&A

Question 8

What is a Constructive Change?

Answer 8

Oral or written act or failure to act by Government official (in a position of authority) construed by contractor as having same effect as a written change order

Question 9

What must a Constructive Change involve?

Answer 9

Change in performance beyond minimum contract requirements, and word or deed by Government representative which requires contractor effort that is not a necessary party of the contract

Requires Ratification