MODIFICATIONS GUIDE - Office of the Under Secretary of ...
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50 CONSMODIFICATIONS GUIDEREFERENCES: - FAR Part 43 & SUPS …to include the PGIs!- Miscellaneous parts of the FAR & SUPS for the quick reference table- AFSPC Modification Checklist (May 2006)- AFSPC 64-4 Checklists- Guidebook 1 - Contract Action Review and Guidebook 1 – Clearance, as applicableMODIFICATION AUTHORITY (See also the quick reference table below): Use the following, as applicable: -For administrative changes, such as changes in the paying office, appropriations errors and typographical errors, block 13B of the SF 30 need only be marked as applicable – no further authority must be cited. Administrative changes do not affect the substantive rights of the parties. -For changes within the general scope of the contract, the particular clause or provision of the contract must be cited. Review the contract to determine what clause authorizes the CO to make the in-scope change. --Typical citations, along with examples of actions, include: ---Changes clause (either unilateral or bilateral) for changes in specs/SOW, delivery, location, etc. as authorized by the particular clause ---Default clause for delivery extension ---Disputes clause for funding payment as result of claim ---Option clause for extending term of contract ---Excusable Delays clause for delivery extension ---Differing Site Conditions clause for equitable adjustment in price/time of performance ---Suspension of Work clause for adjustment in price as result of unreasonable delays by actions of CO ---Gov’t Delay of Work clause for adjustment in price/delivery as result of unreasonable delays by actions of CO ---Termination for Convenience clause for funding negotiated settlement ---Fair Labor Standards Act and Service Contract Act – Price Adjustment clause for funding price adjustment as a result of change in wage determination. -For changes outside the scope of the contract, cite the particular authority used in your Justification and Approval permitting other than full and open competition (example: 10 USC 2304(c)(1) for only one responsible source) -When no specific clause can be cited as the negotiation authority, as a last resort use Mutual Agreement of the Parties, FAR 43.103(a)(3). THIS IS NOT FAVORED BY legal nor policy. -Unilateral Change orders will cite the appropriate Changes clause in block 13A of the SF30. -Bilateral modifications, including those issued under the Changes clause or any other appropriate clause will cite the appropriate clause in Block 13C of the SF30. -Other unilateral modifications, such as a exercise of option, will cite the appropriate clause or authority in Block 13D of the SF30.Modification SubjectAuthorityCHANGE IN -- Designs, Drawings, Specs, SOW, etcChanges Clause, FAR 52.243-X-- Method of Shipment or PackingChanges Clause, FAR 52.243-X-- Place of DeliveryChanges Clause, FAR 52.243-X-- Change/Revise DataChanges Clause, FAR 52.243-XADD-- Data (Within Limits of J&A)Changes Clause, FAR 52.243-X-- Engineering Change (I.E., Engineering Change Prop)Changes Clause, FAR 52.243-X-- Progress Payments After Award (Requires Consideration)FAR 52.232-16 DEFINITIZATION OF - -Change OrderChanges Clause, FAR 52.243-X-- Letter ContractContract Definitization Clause, FAR 52.216-25GOVERNMENT FURNISHED PROPERTY (GFP)-- Repair of GFP Clause, FAR 52.245-X-- Replacement ofGFP Clause, FAR 52.245-X-- Increase of GFP Clause, FAR 52.245-X-- Disposition of GFP Clause, FAR 52.245-XPROGRESS PAYMENTS-- Increase Progress Payment Rate or Liquidation RateFAR 52.232-16-- Progress Payments After Award (Requires Consideration)FAR 52.232-16 NEW WORK MODIFICATION REQUIRING J&A (OTF&O)-- Only One Responsible Source10 U.S.C. 2304(c)(1)/FAR6.302-1-- Unusual and Compelling Urgency 10 U.S.C. 2304(c)(2)/FAR6.302-2-- Industrial Mobilization10 U.S.C. 2304(c)(3)/FAR6.302-3-- International Agreement10 U.S.C. 2304(c)(4)/FAR6.302-4-- Authorized or Required by Statute10 U.S.C. 2304(c)(5)/FAR6.302-5-- National Security10 U.S.C. 2304(c)(6)/FAR6.302-6-- Public Interest10 U.S.C. 2304(c)(7)/FAR6.302-7Modification SubjectAuthorityPAYMENT & FUNDING -- Payment of Award FeeAward Fee Plan and Date -- Funding an Overrun (Fully Funded CR Contract)Limitation of Cost, FAR 52.232-20-- Increasing Funding (Incrementally Funded CR – make sure you have permission to incrementally fund, if required)Limitation of Funds, FAR 52.232-22Implement para (b) of FAR 52.232-22 with Implementation of Limitation of Funds, AFSPCFARS 5352.232-9500-- Increase Funding (FP Contract) Limitation of Government’s Obligation, DFARS 252.232-7007-- Final Price Revision or Funding to Ceiling (FPIF)Incentive Price Revision –Firm Target, FAR 52.216-16-- Establish FFP or Firm Targets (FPIF) on a FPIS contractIncentive Price Revision –Successive Targets, FAR 52.216-17-- Adjustment for Defective Cost or PricingPrice Reduction for Defective Cost or Pricing Data, FAR 52.215-11-- Economic Price Adjustment (EPA)EPA Clause, FAR 52.216-2,-3,-4OPTIONS-- Exercising Options IAW the Contract (Unilateral)Option To Extend the Term of the Contract, FAR 52.217-9-- Exercising Options NOT IAW the Contract (Bilateral)Cite Contract Exemption to CICA, 10 U.S.C. 2304 (c)(X) – see authority section on new work requiring J&ADELIVERY SCHEDULE EXTENSIONS-- CR ContractExcusable Delays, FAR 52.249-14-- FP ContractGovernment Delay of Work, FAR 52.242-17 ORDefault Clause, para (c) FAR 52.249-8 R& D see also Default Clause, para (c) of FAR 52.249-9Construction see also Default Clause, para (b) of 52.249-10Modification SubjectAuthorityMISC OTHER-- Stop All or Part of WorkStop Work Order Clause, FAR 52.242-15-- Terminations (Convenience & Default)Termination for Convenience of the Government or Default, FAR 52.249-X-- Access to installationContractor access to Air Force installations, AFFARS 5352.242-9000-- Modification of Contractual Terms not Covered by ANY Other Clause or SCR (Section H –Special Contract Requirement)Mutual Agreement of the Parties, FAR 43.103(a)(3) – NOT FAVORED BY LEGAL OR POLICY ................
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