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Award Modification
By Michael Williams on Monday, December 17, 2001 - 10:27 am:

Are there any FAR, AIDAR references that says if an agency do not respond to a request for agreement modification (namely line item cost changes and/or extension of performance period)within a specific time frame then the modification requested is deem to be approved?

By Vern Edwards on Monday, December 17, 2001 - 10:49 am:

I do not know of any regulation which states that if an agency does not respond to a contractor's request for a contract modification within a specified period of time the contractor may consider the request to have been approved.

But be careful. An agency's silence in the face of a contractor's request may have legal consequences.

By Mike Wolff on Monday, December 17, 2001 - 11:31 am:

Regarding claims, FAR 33.211(g) states that, "Any failure of the contracting officer to issue a decision within the required time periods will be deemed a decision by the contracting officer denying the claim and will authorize the contractor to file an appeal or suit on the claim."

If your request for a mod is due to a possible claim, the above may apply.

By Dave Barnett on Monday, December 17, 2001 - 12:58 pm:

Heed Vern's warning, acts of commission as well as acts of omission (i.e. doing nothing) can have adverse legal consequences.

Mike's right re: disputes, however I always wondered if an accusation of nonfeasance could work. I'm not a lawyer, just someone who has picked up enough knowledge to be a loose cannon on a rolling deck (actually, I don't think I'm that dangerous but I have made my share of errors over the course of my years with Federal acquisition. I think it's called live and learn).

And, as a procurement lawyer once remarked, "Any good lawyer can pick lint off a government contract".