Jump to content

Cite the Clause or Cite the Authority


Recommended Posts

I didn't say I was using 52.212-4(c ) to make unilateral changes. For unilateral changes I just check box B (which claims that 43.103(b ) is the authority. I do usually use box C and place 52.212-4(c ) for bilateral changes. Re-read post 22 and tell me where I said I was using 52.212-4(c ) for unilateral changes.

I was simply saying that if you look at 43.103, it doesn't cite another authority but merely seems to say when you use a unilateral or bilateral mod. Whereas 52.212-4(c ) points back to 12.301 which does state a public law in para (a ).

I wonder if anyone ever put Title 48 USC as the authority?

Link to comment
Share on other sites

Guest Vern Edwards
I wonder if anyone ever put Title 48 USC as the authority?

Why would they put Title 48 of the USC as authority? Title 48 of the USC is about territories and insular possessions.

Link to comment
Share on other sites

Sorry, Voxx, I misread your post concerning 52.212-4 ( c). However, you did say "For unilateral changes I just check box B (which claims that 43.103(b ) is the authority"

Because the FAR Changes Clause is not used in such commercial contracts, where is the general authority to issue "unilateral changes" to such contracts other than modifications addressed in or alluded to in various paragraphs under 52.212 Terms and Conditions? Some of those situations might require bilateral agreement to change the contract's terms and conditions.

Link to comment
Share on other sites

Guest Vern Edwards
It is allowed on all hands, that the primitive way of breaking eggs, before we eat them, was upon the larger end; but his present majesty’s grandfather, while he was a boy, going to eat an egg, and breaking it according to the ancient practice, happened to cut one of his fingers. Whereupon the emperor his father published an edict, commanding all his subjects, upon great penalties, to break the smaller end of their eggs. The people so highly resented this law, that our histories tell us, there have been six rebellions raised on that account; wherein one emperor lost his life, and another his crown. These civil commotions were constantly fomented by the monarchs of Blefuscu; and when they were quelled, the exiles always fled for refuge to that empire. It is computed that eleven thousand persons have at several times suffered death, rather than submit to break their eggs at the smaller end. Many hundred large volumes have been published upon this controversy: but the books of the Big-endians have been long forbidden, and the whole party rendered incapable by law of holding employments. During the course of these troubles, the emperors of Blefusca did frequently expostulate by their ambassadors, accusing us of making a schism in religion, by offending against a fundamental doctrine of our great prophet Lustrog, in the fifty-fourth chapter of the Blundecral (which is their Alcoran). This, however, is thought to be a mere strain upon the text; for the words are these: ‘that all true believers break their eggs at the convenient end.’ And which is the convenient end, seems, in my humble opinion to be left to every man’s conscience, or at least in the power of the chief magistrate to determine.

Lemuel Gulliver, A Voyage to Lilliput

Link to comment
Share on other sites

  • 8 months later...

Block 13(B) on the SF30 form is at fault. For an administrative modification the SF30 says "The above number contract/order is modified to reflect..blah blah...""Pursuant to the Authority of FAR 43.103(B)". Well...the SF30 does have the word "Authority" in front of FAR 43.103(B). Just sayin.

Then of course you go to FAR 43.103(B) and it says that a unilateral modifications are used, for example, to - Make administrative changes. FAR 43.103 is now seen by many as The Authority for the types of contract modifications listed. Time to modify the SF30?

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...