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myfrogleaps posted a topic in Contract AdministrationBackground: My co-worker and I disagree on a matter and I am looking for clarification to see if I am missing something. I am processing a modification for said co-worker to extend the Period of Performance only. The award was made for services as a FFP PO inclusive of 52.212-4. No other changes clauses were included. My co-worker wants to pursue issuance of a unilateral change order citing FAR 43.202 as the authority. My inclination is it is not permissible to issue a unilateral change order to the contract as the changes clauses included specifically states “Changes in the terms and conditions of this contract may be made only by written agreement of the parties.” Based on 52.212-4, it seems to me that it would be a breach of contract terms on the Government’s part if the CO were to issue a unilateral change order on this contract. Questions: Does the FAR permit issuance of a unilateral change order extending the Period of Performance end date under a Firm-Fixed-Price Purchase Order for services containing 52.212-4 and no other changes clauses? Does FAR 43.202 give Contracting Officers the authority to issue a unilateral change order against any contract? Is it permissible to cite FAR 43.202 as the authority?
Username posted a topic in Contract AdministrationFFP Service Contract contains FAR 52,243-1 Alt I . Contract originally awarded competitively. Contract mod issued to extend period of performance for specific task activities within the overall contract period of performance. (not an extension of the contract period of performance.) Requires certified cost pricing data. Contractor submitted proposal 6 months ago with not to exceed amount. Due to reasons which are not clear to me, the mod / propopsal was not acted upon so six months of performance has now been incurred. Requested cost anlaysis and the analyst insists since 6 months of performance has ensued that the contractor must submit actual costs for the work already performed under the change order. Is this correct if it is a FFP contract? I see FAR 43.204 requires CO to make sure cost analysis is performed if required under FAR 15.404-1© and while the various cost anlaysis techniques refer to verifying projected costs based on historical trend and comparison of costs proposed with actual cost previously incurred, is there no difference when it's a FFP contract? Does the contractor have to provide the requested actual costs for the first six months performance of the undeifinitzed contract mod proposal?
I am a 1st tier sub on a Federal Contract and my 2nd tier sub submitted an RFP to the Prime which was then approved and sent back as a Change Order. I signed my Change order with the prime and sent my Change Order down to my sub to sign. My sub found an error in the amount that they submitted and are not willing to sign this months pay app which includes the executed Change order nor will they sign the Change Order. My sub said it is my fault and I should not have signed the Change Order. I do not feel that I am in the wrong here because my prime submitted the number that my sub submitted (signed RFP) and my prime has an executed Change Order with the owner. What has to happen regardless of me signing the Change Order is a Request for Equitable Adjustment to submit to the owner. Am I wrong here? Any advice would be appreciated