FAR Part 43 Flashcards
Contract Modifications
Administrative Change:
A unilateral contract change in writing that does not affect
the substantive rights of the parties (e.g., change in the paying office). (FAR 43.101)
Effective Date
Specific definitions depending on the type of contract modification (e.g., the issue date for a solicitation amendment). (FAR 43.101)
Policy on Contract Modifications
Only contracting officers acting within the scope of their authority can execute
contract modifications on behalf of the Government. (FAR 43.102(a))
Contract modifications should be priced before execution if possible, to protect the Government’s interest. (FAR 43.102(b))
Types of Contract Modifications:
Bilateral Modifications: Signed by both the contractor and the contracting officer, used for negotiated
adjustments. (FAR 43.103(a))
Unilateral Modifications: Signed only by the contracting officer, used for administrative changes, change orders, and other specific changes. (FAR 43.103(b))
Notification of Contract Changes:
Contractors must notify the Government in writing if they believe a change has been made that is not
identified as such in writing and signed by the contracting officer. (FAR 43.104(a))
The clause at 52.243-7, Notification of Changes, incorporates this policy. (FAR 43.104(b))
Availability of Funds:
The contracting officer must obtain a certification of fund availability before executing a contract modification that increases funds. (FAR 43.105(a))
Contract Modifications Change Orders
General
Government contracts often contain a changes clause that allows the contracting officer to make unilateral
changes within the scope of the contract. (FAR 43.201(a))
Contractors must continue performance as changed, within the limits of cost or funds clauses. (FAR 43.201(b))
Authority to Issue Change Orders:
Change orders must be issued by the contracting officer unless delegated to an administrative contracting
officer. (FAR 43.202)
Change Order Accounting Procedures:
Contractors may need to revise accounting procedures to segregate costs for changed work. (FAR
43.203(a))
Direct costs normally segregable include nonrecurring costs, costs of added distinct work, and costs of recurring work. (FAR 43.203(b))
Change Orders
Administration:
Change orders require documentation and, if not forward priced, a supplemental
agreement for equitable adjustments. (FAR 43.204(a))
Contracting officers must negotiate equitable adjustments promptly and ensure accurate identification and prompt definitization of unpriced change orders. (FAR 43.204(b))
Change Orders
Contract Clauses
Various clauses depending on the type of contract and change, such as Changes-Fixed- Price, Changes-Cost-Reimbursement, and Changes-Time-and-Materials or Labor- Hours. (FAR 43.205)
Part 43 - Contract Modifications Forms
Use of Forms:
Standard Form 30 (SF 30) is used for amendments, change orders, unilateral contract modifications, administrative changes, supplemental agreements, and fund adjustments. (FAR 43.301(a)(1))
The Optional Form 336 (OF 336) or a blank sheet can be used as a continuation sheet for a contract modification. (FAR 43.301(b))
Only contracting officers acting
within the scope of their authority are
empowered to execute contract modifications.
Other government personnel
shal not execute contract modifications, act in such a manner as to cause the contractor to believe that they have authority to bind the government, or direct or encourage the contractor to perform work that should be the subject of a contract
modification.
Unilateral agreement
To make administrative changes, issue change orders, make changes
authorized by clauses other than the Changes clause, as well as issue termination notices
Bilateral (supplemental) agreement
To make negotiated equitable adjustments resulting from a change
order, definitize letter contracts, and reflect other agreements modifying the terms and conditions