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Showing results for tags '52.212-4'.
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I wanted to revisit the definition of "appropriate consideration" under FAR 1.108(d)(3) and commercial items contracts that have 52.212-4 in it. The Changes Clause "(c)" there requires that no changes to the terms or conditions of the contract can occur ONLY with a mutual agreement of the parties. So here are my questions: 1. Are these independent authorities to modify the contract? 2. If so, does FAR 1.108(d) provide a unilateral right by the Contracting Officer to modify the contract? 3. If no, can the Contractor refuse to negotiate "appropriate consideration" and prevent a mutual agreement under 52.212-4(c)? 4. Since "appropriate consideration" is effectively a right to an REA, can the Contracting Officer determine that the appropriate consideration is $0.00 if the Contractor cannot actually establish any additional costs to imposing the new clauses under FAR 1.108(d)? 5. What other remedies might the Government have short of a negotiated resolution under the commercial changes clause, other than the Disputes Clause? -
Background: 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?