(Revised
July 31, 2000)
250.102-70 Limitations on payment.
250.105 Records.
250.102-70 Limitations on payment.
See 10 U.S.C. 2410b for limitations on Congressionally directed payment of a request for equitable adjustment to contract terms or a request for relief under Pub. L. 85-804.
250.105 Records.
(1) Departments and agencies will—
(i) Prepare a preliminary record when a request for a contract adjustment under FAR 50.3 is filed (see 250.305-70).
(ii) Prepare a final record stating the disposition of the request (see
(iii) Designate the offices or officials responsible for preparing, submitting, and receiving all records required by this Part 250. Records shall be maintained by the contract adjustment boards of the Army, Navy, and Air Force, respectively, and by the headquarters of the defense agencies.
(2) A suggested format for the record is in Table 50-1, Record of Request for Adjustment. This format permits the information required for the preliminary and final records to be combined on one form.
(3) The following instructions are provided for those items which are not
self-explanatory:
(i) Extent of performance as of date of request. State degree of completion of contract; e.g., 50 percent completed or performance not yet begun. If work is completed, state date of completion and whether final payment has been made.
(ii) Award procedure. State whether contract was awarded under sealed bidding or negotiated procedures. Cite specific authority for using other than full and open competition, if applicable, e.g., 10 U.S.C. 2304(c)(1).
(iii) Type of contract. State type of contract (see FAR Part 16); e.g., FFP (firm fixed-price).
(iv) Category of case. State whether the request involves a modification without consideration, a mistake, or an informal commitment. If the case involves more than one category, identify both; list the most significant category first.
(v) Amount or description of request. If the request is expressed in dollars, state the amount and whether it is an increase or decrease. If the request cannot be expressed in monetary terms, provide a brief description; e.g., “Cancellation” or “Modification.” Even if the adjustment is not easily expressed in terms of dollars, if the contractor has made an estimate in the request, that estimate should be stated.
(vi) Action below Secretarial level. State the disposition of the case, the office that took the action and the date the action was taken. The disposition should be stated as “Withdrawn,” “Denied,” “Approved,” or “Forwarded.” If the request was approved, in whole or in part, state the dollar amount or nature of the action (as explained in paragraph (v) of this section). The date should correspond with the date of the memorandum of decision or of the letter forwarding the request to the contract adjustment board or other deciding body.
(vii) Action by contract adjustment board and date. State the disposition and date of disposition of the case by the contract adjustment board. Provide the same information as for paragraph (vi).
(viii) Implementation and date. State the appropriate action; e.g., “Modification,” “New Contract,” or “Letter of Denial.”
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€ PRELIMINARY |
RECORD OF |
FINAL € |
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REQUEST FOR ADJUSTMENT |
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DATE OF REQUEST |
PUBLIC LAW 85-804 |
DATE RECEIVED BY GOVERNMENT |
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CONTRACTOR’S
NAME AND ADDRESS |
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€ SMALL
BUSINESS |
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NAME
AND ADDRESS OF CONTRACTOR’S REPRESENTATIVE, IF ANY |
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COGNIZANT
CONTRACTING OFFICER OR OFFICE |
PROCURING
ACTIVITY |
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PROPERTY
OR SERVICE INVOLVED |
EXTENT
OF PERFORMANCE AS OF DATE OF REQUEST |
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CONTRACT
NUMBER |
DATE |
ADVERTISED
OR NEGOTIATED |
TYPE
OF CONTRACT |
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CATEGORY
OF CASE |
AMOUNT
OF DESCRIPTION OF REQUEST |
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ACTION BELOW SECRETARIAL LEVEL |
DATE |
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ACTION BY CAB |
DATE |
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IMPLEMENTATION |
DATE |
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ADDITIONAL
DATA OR REMARKS |
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DATE THIS RECORD SIGNED |
SIGNATURE |
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