Modifications and effective dates

[ERS]

Here is the scenario:

Govt. issues Modification 01 and 02 to prime at same time.

Modification 01 is effective as of the date of the signature of the CO.

Modification 02 is effective as of the effective date which is let's say 08/01/09.

Question:

If modification 01 is signed AFTER 08/01/09, (effective date of Mod 02), then does modification 01 supersede modification 02?

Thanks,

[Navy_Contracting_4]

Here is the scenario:

Govt. issues Modification 01 and 02 to prime at same time.

Modification 01 is effective as of the date of the signature of the CO.

Modification 02 is effective as of the effective date which is let's say 08/01/09.

Question:

If modification 01 is signed AFTER 08/01/09, (effective date of Mod 02), then does modification 01 supersede modification 02?

Thanks,

Are Mods 01 and 02 bi-lateral mods or unilateral?

If the former, then when the "Govt. issue[d] Modification 01 and 02 to prime at same time," were both Mods signed by the CO already, or were they issued to the prime to review and send back for CO signature?

Are they in conflict with each other?

[ERS]

They are bi-lateral, not signed by CO and in minor conflict. The CO sent them to us for review and mod 02 has a static effective date of 08/01 and mod 01 is effective when the CO signs it. While I know their intent is to have mod 01 take effect first then mod 02 take effect next, I believe that there is a risk if mod 01 is signed after the effective date of mod 02 then mod 01 would supersede.

Thanks for any insight or advice on this.

[Desparado]

Question: Why would a CO issue two mods at the same time that conflict?

[formerfed]

If they haven't been signed yet and potentially in conflict, why not do a single new mod to replace both?

[Navy_Contracting_4]

If neither mod has been signed by the CO, send them back either:

- unsigned, reuqesting they (or at least one of them) be revised to remove the potential conflict, or

- signed conditionally on Mod 02 being effective only after mod 01.

Alternatively, just sign them and in your cover letter returning them, clearly state your understanding that the language in Mod 02 takes precedence over Mod 01.

I highly recommend discussing your concerns with the contracting officer before taking any action.