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This SOP has internal roles only.
Standard Operating Procedure Table of Contents
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Purpose
To modify in writing a contract's terms or conditions, such as its statement of work, period
of performance, quantity, or price.
Procedure
Either the government or a contractor may propose to modify a contract.
If a contractor initiates a modification, its business office must submit
a signed request to the contracting officer explaining the modification
and its anticipated effect on the contract. Only contracting officers
acting within their delegated authority may modify a contract or change a contractual commitment on behalf of
the government.
There are two types of contract modifications: unilateral and bilateral. Unilateral
modifications are signed only by a contracting officer, and bilateral
modifications (supplemental agreements) are signed by both a contracting
officer and a contractor. A bilateral modification can add new work
or revise existing terms, and it may have cost implications.
Contract modifications include:
- A change order invokes a contract's changes clause for changes
in general
scope and must be approved by a contracting officer. A contractor
submits a written proposal in response to a change order. A unilateral modification is used to issue the change order. After negotiation,
contracting officers determine whether an equitable adjustment is required,
and execute a bilateral modification.
- A modification adding new workoutside the scope of the contract requires a justification
for other than full and open competition (JOFOC) and results
in a bilateral modification. See also FAR
6.3, Other Than Full and Open Competition.
- An extension modification extends the period of performance for completion
of contract requirements. This extension can be a cost or no-cost
extension. A contractor submits a written request or proposal identifying
the impact of the extension on a contract and its funding. Contract
extensions are bilateral modifications.
- A cost overrun modification is necessary when the cost of
performing a cost-reimbursement
contract exceeds or is expected to exceed the total estimated cost in
the contract. A contractor needs additional funding to complete requirements;
no new work is performed. A cost overrun modification is bilateral.
- A modification changing other terms of the contract, such
as travel, subcontracts, equipment, key personnel, delivery, or schedule,
can be initiated by either a contractor or the government. A contractor
submits documentation requested by the contracting officer. These modifications
are bilateral.
- A modification making changes authorized by clauses other than
the changes clause, such as property clause, options clause,
incremental funding, or project officer, is initiated by the government
and may be executed as a unilateral modification.
- A modification making administrative changes that do not
affect the rights of the parties, such as a change in the appropriation
data or the paying office, is initiated by the government and may be executed as a unilateral modification.
Project Officers
- Initiate requests for additional work, funding, or time by completing a request
for change to active contract form and submitting it to the contracting
officer.
- Review proposals or cost estimates from contractors and provide
technical and cost feedback to the contracting
officer.
- Participate in negotiations.
- Provide the contracting
officer with information he or she may request
to finalize an action.
Note: Project officers are not authorized to issue or approve modifications,
enter into agreements, or take any other action that changes a contract's
cost or terms and conditions. Such "unauthorized commitments" are
not binding for the government.
Contracting Officers
- Request information from contractors, including a proposal, cost
estimate, and supporting documentation submitted by the business office
to the contracting
officer.
- Lead negotiations, when required.
- Obtain funding approval, clearances, and determinations
and findings, when necessary, and required reviews and approvals.
- Issue modifications on SF-30,
amendment of solicitation/modification of contract, and distribute
to contractors within 10 working days after execution.
Contacts
See the Office of Acquisitions staff listing for the appropriate contract specialist.
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Links
FAR
1.602-3, Ratification of Unauthorized Commitments
FAR
4.2, Contract Distribution
FAR
43, Contract Modifications
FAR
52.243-7, Notification of Changes
Form
1757-1, Justification for Other than Full and Open Competition
HHSAR
301.602-3, Ratification of Unauthorized Commitments
HHSAR 306.302,
Other than Full and Open Competition
HHSAR
342.7102, Contract Modifications
JOFOC
Desk Guide
Contracting
Officer SOP
Justification for Other than Full and Open Competition SOP
Project
Officer SOP |
