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AFFARS PGI 5343
Contract Modifications

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MAJCOM

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PGI 5343.102-90

SMC

General

PGI 5343.103-90

AF

Types of Contract Modifications

AF PGI 5343
Contract Modifications

AF PGI 5343.103-90 Types of Contract Modifications

(a) This table is a guide for buyers and contracting officers to help determine the appropriate authority for issuance of specific types of modifications. The specific facts surrounding the individual modification should always be analyzed. Contracting officers may use the Modification Authority Justification Template to document their decision. The general rule is to cite the explicit authority, which is that authority expressly written into the contract, before citing a more general authority such as “By Mutual Agreement between both Parties”. 10 U.S.C Chapter 137 should not be used as it is too broad and does not address modification authority. FAR 1.602, Authority for contracting officers, should not be used because it only defines the authority of the contracting officer (who is only one party to the original agreement) and does not cite a pre-agreed to condition or authority within the original contract that would allow a change.

(b) Explicit authority can be provided in the general clauses contained in Section I of the contract. The Changes clause (FAR 52.243-1), Definitization clause (FAR 52.216-25), or Options clauses (FAR 52.217-6 thru 9) are examples. Explicit authority can also be provided for under special contract requirements contained in Section H of the contract. Finally, explicit authority may be provided for under provisions contained elsewhere in the contract, such as the SOW.

(c) When citing a specific clause/provision as the authority for the modification, ensure the contract contains that specific clause/provision.

(d) Types of Contract Modifications & Modification Authority Table:

Modification Subject

Authority

Commercial Modification

FAR 52.212-4(c) Contract Terms and Conditions – Commercial Items

Data, adding of (within the limits of the J&A)

FAR 52.243-1 Changes--Fixed Price,

52.243-2 Changes--Cost Reimbursement, or

52.243-3 Changes Time-and- Material or Labor-Hour

Data, changing or revising

FAR 52.243-1 Changes--Fixed Price,

52.243-2 Changes--Cost Reimbursement, or

52.243-3 Changes Time-and- Material or Labor-Hour

Defects in supplies, correction of

Inspection clauses 52.246-2/52.246-3, Warranty clauses, or Correction of Deficiency Clauses in contract

Defective cost or pricing data, Price reduction for

FAR 52.215-10 Price Reduction for Defect Cost or Pricing Data or

52.215-11 Price Reduction for Defective Cost or Pricing Data--Modifications

Definitization of a Change Order

FAR 52.243-1 Changes--Fixed Price,

52.243-2 Changes--Cost Reimbursement, or

52.243-3 Changes Time-and- Material or Labor-Hour

Definitization of a Letter Contract

FAR 52.216-25 Contract Definitization

Delivery, change in the place of

FAR 52.243-1 Changes--Fixed Price,

52.243-2 Changes--Cost Reimbursement, or

52.243-3 Changes Time-and- Material or Labor-Hour

Delivery, schedule extension (CR)

FAR 52.249-14 Excusable Delays

Delivery, schedule extension (FP)

FAR 52.242-17 Government Delay of Work or

52.249-8 Default Fixed-Price Supply and Service

Differing Site Conditions (fixed-price construction contract or a fixed-price dismantling, demolition, or removal of improvements contract)

FAR 52.236-2 Differing Site Conditions

ECP, incorporation of

FAR 52.243-1 Changes--Fixed Price,

52.243-2 Changes--Cost Reimbursement, or

52.243-3 Changes Time-and- Material or Labor-Hour

Economic Price Adjustment (EPA)

FAR 52.216-2 Economic price Adjustment--Standard Supplies

52.216-3 Economic Price Adjustment—Semi-standard Supplies

52.216-4 Economic Price Adjustment--Labor and Material

Funding an overrun (fully funded cost reimbursement (CR) contract)

FAR 52.232-20 Limitation of Cost

Funding, increase of (fixed-price contract)

DFARS 252.232-7007 Limitation of Government's Obligation

Funding, increase of (incrementally funded CR contract)

FAR 52.232-22 Limitation of Funds

GFP (Government Furnished Property)

disposition of / increase or decrease of /

replacement of / repair of

FAR 52.245-1 Government Property

Incentive price revision (FPIF), final price revision or funding to ceiling

FAR 52.216-16 Incentive Price Revision--Firm Target

Incentive price revision (FPIS), establishing a firm-fixed price or firm targets

FAR 52.216-17 Incentive Price Revision--Successive Targets

Make or buy program, changes in

FAR 52.215-9 Changes or Additions to Make-or-Buy Program

New work requiring J&A

Cite the appropriate exemption to CICA (10 U.S.C. 2304(c)(1) thru (7))

Option, exercise of (IAW contract, unilateral)

FAR 52.217-6 Option for Increased Quantity,

52.217-7 Option for Increased Quantity--Separately-Priced Line Item,

52.217-8 Option to Extend Services, or

52.217-9 Option to Extend the Term of the Contract

Option, exercise of (not IAW contract, bilateral)

Cite the appropriate exemption to CICA (10 U.S.C. 2304(c)(1) thru (7))

Packing or shipment, change in the method of

FAR 52.243-1 Changes--Fixed Price,

52.243-2 Changes--Cost Reimbursement, or

52.243-3 Changes Time-and- Material or Labor-Hour

Progress payments, adding after award

FAR 52.232-16 Progress Payments

Progress payments, increasing rate or liquidation rate

FAR 52.232-16 Progress Payments

Shipment or packing, change in the method of

FAR 52.243-1 Changes--Fixed Price,

52.243-2 Changes--Cost Reimbursement, or

52.243-3 Changes Time-and- Material or Labor-Hour

SOW, specification, designs, and drawings, change in

FAR 52.243-1 Changes--Fixed Price,

52.243-2 Changes--Cost Reimbursement,

52.243-3 Changes Time-and-Material or Labor-Hour, or

52.243-4 Changes

Stop Work

FAR 52.242-15 Stop-Work Order

Termination for Convenience

FAR 52.249-1 thru 7

Termination for Default

FAR 52.249-8 thru 10

Value Engineering Change Proposal (VECP), incorporation of

FAR 52.248-1 Value Engineering,

52.248-2 Value Engineering--Architect-Engineer, or

52.248-3 Value Engineering--Construction

Modification of Contractual Terms not covered by any other Clause or Section H

(Default authority)

FAR 43.103(a), Mutual Agreement between both Parties

SMC PGI 5343
Contract Modifications

SMC PGI 5343.102-90 General

(a) When issuing a modification to an existing contract (or order), the contracting officer should consider documenting the scope determination in writing. See the SMC Scope Determination Guide and sample Memorandum for Record (MFR). Written scope determinations are not generally necessary for administrative modifications that do not impact the substantive rights of the parties (e.g., a change in the paying office or the appropriation data) or unilateral modifications that are authorized by clauses other than the Changes clause (e.g., property clause, options clause).​

(b) If the legal reviewer does not find the contracting officer’s scope determination to be legally sufficient and the contracting officer disagrees with the legal reviewer’s opinion, the contracting officer should elevate the dispute to the COCO and SCO quickly to ensure the issue is resolved in a timely manner.

(c) Training: Scope Determination Point of Need Training

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