Rationale for CO not providing conformed copy of contract?

[Mike Twardoski]

Is there some new DoD policy or guidance for why a Government contracting office will not provide a conformed copy of a contract to the contractor? I reached out to an office recently for a conformed copy of the contract, and was told they received guidance they cannot provide them to contractors anymore. 

I asked for the rationale behind the guidance about a week ago...and am still waiting for a response. 

[Retreadfed]

What do you mean by "conformed copy of a contract"?  As the contractor, don't you have a copy of the contract with all the mods, orders, etc.?

[Mike Twardoski]

We have a copy of the original contract (circa 2 years ago) and copies of all the mods. However, having a copy of the contract through the latest mod that includes exercised options, latest FAR clauses (and deleting ones that were removed or superseded), current Govt staff (if the original PCO and/or COR have transitioned off) is extremely helpful for the team to have. 

I've asked for and received these "latest & greatest" copies of the contract from other contracting offices in the past without any pushback whatsoever. I'm just curious why a contracting office would have a problem providing one.

[dsmith101abn]

If I understand your question, and I don’t know I fully do, if you have the original contract and all the mods, is there a reason you can’t keep your contract up to date and the Government should do it for you?

 

[joel hoffman]

8 hours ago, dsmith101abn said:

If I understand your question, and I don’t know I fully do, if you have the original contract and all the mods, is there a reason you can’t keep your contract up to date and the Government should do it for you?

 

I agree with this question.

[Mike Twardoski]

Convenience. Anecdotally, having a conformed copy of the contract significantly reduces confusion on our side, especially when 50+ mods have been issued since the original award. It's not a huge deal for me to track; ask an engineer, a field technician, or an auditor, and they might give you a different answer. I've been told by a Government counterpart that generating a conformed copy literally just takes the push of a button. 

Anyway, I don't want to belabor this issue. I appreciate the questions to my question. I suppose my question has been answered. Thank you, all. 

[C Culham]

20 hours ago, Mike Twardoski said:

I asked for the rationale behind the guidance about a week ago...and am still waiting for a response. 

This (below)no longer exists in the DFARS. If you read the current 208.402 one could surmise the reason.

"204.802  Contract files.

Official contract files shall consist of—

 

      (1)  Only original, authenticated or conformed copies of contractual instruments—

 

              (i)  “Authenticated copies” means copies that are shown to be genuine in one of two ways—

 

                    (A)  Certification as true copy by signature of an authorized person; or

 

                    (B)  Official seal.

 

              (ii)  “Conformed copies” means copies that are complete and accurate, including the date signed and the names and titles of the parties who signed them.

 

      (2)  Signed or official record copies of correspondence, memoranda, and other documents."

[Fara Fasat]

See this link to an earlier discussion of the definition of a "conformed contract." https://www.acq.osd.mil/asda/dpc/ce/p2p/docs/training-presentations/2023/Adventures in Contract Conformance.pdf . Basically it is a single document that has all amendments or modifications made up to that date. It can be in a redline version, but as mods are made on top of earlier mods, it is easier to read a clean version. It is more than just a convenience; it is a vital document for understanding the current agreement between the parties.

As Carl pointed out, DFARS 204.802 has changed. It happened in 2015 and updated the DFARS to the Electronic Document Access (EDA) system. Apparently the conformance process is now automated in the EDA, with manual input of course. See this 2023 DoD presentation on the process: https://www.acq.osd.mil/asda/dpc/ce/p2p/docs/training-presentations/2023/Adventures in Contract Conformance.pdf . I don't fully understand it because it uses too many acronyms (PDS, CCV, GeX, etc.), but apparently a modification can be inputted at the front end and a conformed contract can be downloaded at the back end. 

If that understanding is correct, and the process has been followed, then it looks like the government can download a conformed contract. That brings us back to the OP's original question -- why won't they provide a copy to the contractor? It's no longer a question of who performs the manual process of making each change to the contract, so there must be some other reason. Since both parties are contractually bound to that document, why not provide it?

[Oyster]

Mike, 

Instead of asking for the "rationale" for the guidance, why not just ask for a copy of it?  Asking for a "rationale" is going to make someone have to critically think and then draft a response, which you will likely never get.  My guess is that the "guidance" doesn't really exist, but I reserve judgment.  Sounds like laziness, not policy.  

[Mike Twardoski]

2 hours ago, Fara Fasat said:

It is more than just a convenience; it is a vital document for understanding the current agreement between the parties.

Yes!

2 hours ago, Fara Fasat said:

Since both parties are contractually bound to that document, why not provide it?

Exactly!

1 hour ago, Oyster said:

Mike, 

Instead of asking for the "rationale" for the guidance, why not just ask for a copy of it?  Asking for a "rationale" is going to make someone have to critically think and then draft a response, which you will likely never get.  My guess is that the "guidance" doesn't really exist, but I reserve judgment.  Sounds like laziness, not policy.  

That it was my original question - can I have a copy of it? The response was, essentially, "We have a new policy on place, and we're no longer allowed to provide conformed copies to the contractor."

My follow up was the "why?" 

[C Culham]

1 hour ago, Mike Twardoski said:

My follow up was the "why?" 

I along with others have provided rationale.  You want it.  Submit a Freedom of Information Act(FOIA) request.  In truth the CO should do it!  

[Retreadfed]

1 hour ago, Mike Twardoski said:

We have a new policy on place, and we're no longer allowed to provide conformed copies to the contractor."

I think what Oyster was asking is why not ask for a copy of the policy.