(Revised
January 13, 2000)
243.102 Policy.
243.105 Availability of funds.
243.107 Contract clause.
243.107-70 Notification of
substantial impact on employment.
243.170 Identification of
foreign military sale (FMS) requirements.
243.171 Obligation or
deobligation of funds.
243.102 Policy.
(b)(i) See Subpart 217.74 for limitations on issuing undefinitized contract actions.
(ii) Modifications of letter contracts are subject to the same policies and procedures as modifications of definitive contracts.
243.105 Availability of funds.
(a)(i) 10 U.S.C. 2405 prohibits adjustments in price under a shipbuilding contract entered into after December 7, 1983, for a claim, request for equitable adjustment, or demand for payment under the contract, arising out of events occurring more than 18 months before submission of the claim, request, or demand.
(ii) In accordance with 10 U.S.C. 983, do not provide funds by contract or contract modification, or make contract payments, to an institution of higher education that has a policy or practice of hindering Senior Reserve Officer Training Corps units or military recruiting on campus as described at 209.470.
243.107 Contract clause.
For DoD, the “specifically authorized representative” (SAR) referred to in the clause at FAR 52.243-7, Notification of Changes, is a “contracting officer's representative” as defined in 202.101 and as discussed in Subpart 201.6.
243.107-70 Notification of
substantial impact on employment.
The Secretary of Defense is required to notify the Secretary of Labor if a modification of a major defense contract or subcontract will have a substantial impact on employment. The clause prescribed at 249.7002(c) requires that the contractor notify the contracting officer when a contract modification will have a substantial impact on employment.
243.170 Identification of
foreign military sale (FMS) requirements.
Identify contract modifications that add FMS requirements by clearly marking “FMS Requirement” on the front. Within the modification, cite each FMS case identifier code by line/subline item number, e.g., FMS Case Identifier GY-D-DCA.
243.171 Obligation or deobligation of funds.
For each contract modification, the contracting officer shall identify, in Section G, Contract Administration Data (Uniform Contract Format), or the contract schedule (Simplified Contract Format), under the heading “Summary for the Payment Office,” information sufficient to permit the paying office to readily identify the changes for each contract line and subline item as follows—
(a) The amount of funds obligated by prior contract actions, to include the total cost and fee if a cost-type contract; the target fee at time of contract award if a cost-plus-incentive-fee contract; the base fee if a cost-plus-award-fee contract; or the target price and target profit if a fixed-price incentive contract;
(b) The amount of funds obligated or deobligated by the instant modification, categorized by the types of contracts specified in paragraph (a) of this section; and
(c) The total cumulative amount of obligated or deobligated funds, categorized by the types of contracts specified in paragraph (a) of this section.