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Search the history of over billion web pages on the Internet. Graduate Course Contract Law Deskbook 54th. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information Operations and Reports, Jefferson Davis Highway, SuiteArlington, VAand to the Office of Management and Budget, Paperwork Reduction ProjectWashington, DC Deputy Staff Judge Advocate, U.

Legal Assistance Attorney; Eighth U. Army, Yongsan, Korea, Supreme Court and the U. Court of Appeals for the Armed Forces. Member of the Bar of New York; admitted to practice before the U. Supreme Court, and the U. Member of the Bar of Maryland; admitted to avpd before the U. Member of State Bar of Ohio; admitted to practice before the U. Court of Criminal Appeals for the Armed Forces. Deputy Command Counsel, U. Member of the Bar of Arpd admitted to practice before the U. Member of the Bar of Florida; admitted to practice before the U.

Richardson School of Law. Princeton University, ; J. After graduating from law school. Major White served on active duty in the U. After leaving active duty, she clerked for the Honorable Randall R.

Co-author with Professor Ralph C. Types of Formal Changes.

Full text of “DTIC ADA Graduate Course Contract Law Deskbook (54th). Volume 2”

Prerequisites for Fonnal Changes. Purpose of the Clause. The Duty to Continue Perfonnance.

Elements of a Constructive Change. Types of Constructive Changes. Intrinsic Evidence of Intent. Extrinsic Evidence of Intent. Basis for the Implied Warranty. Scope of Government Liability. Recovery under the Implied Warranty of Specifications. Bases for Interference Claims. Bases for Failure to Cooperate Claims.

Elements of Constructive Acceleration. Notice of an Equitable Adjustment by the Contractor. Notice of an Equitable Adjustment by the Government. Following this instruction, the student will understand: How to analyze change issues arising in government contracts.


How to make formal changes to government contracts. How to recognize constructive changes in government contracts, and to resolve constructive change issues. A unilateral written change that does not affect the substantive rights of the parties. Bilateral modification supplemental agreement. A contract modification signed by the contractor and the contracting officer.

Bilateral modifications are used for: Negotiating equitable adjustments that result from the issuance of a change order; b. Patoir 54th Graduate Course Fall c. Reflecting other agreements of the parties affecting the tenns of a contract. Only contracting officers acting within the scope of their authority may execute contract modifications. United StatesF. United States, 16 Cl. A copy of an SF30 is provided at Appendix D. The contracting 91–2 must price modifications before executing them if this can be done without adversely affecting the interests of the government.

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If the price cannot be negotiated prior to execution, negotiate a maximum price. The contracting officer may order a change at any time prior to final payment. Final payment means payment in the full amount of the contract balance owed, received, and accepted by the contractor after delivery of supplies or the performance of services, with the understanding that no further payments are due.

United States18 Cl. United States6 Cl. Prerequisites for Formal Changes. The government must receive a benefit. Proper funds must be available. The change must be of a type specified in the Changes clause. The change must be within the general scope of the contract. In a protest action, the test used by the GAO and the COFC is whether the change so materially altered the contract that the field of competition for the contract as modified would be significantly different from that obtained for the original contract scope of competition.

In Hughes Space and Communications, Co. The extent of any changes in the type of work or the performance period, or the difference in costs between the contract as awarded and as modified; b.

Whether the agency had historically procured the services under a separate contract; and c. Whether potential offerors would have anticipated the modification. United States, U. Changes in the Function of the Item or the Type of Work. In determining the materiality of a change, the most important factor to consider is the extent to which a product or service, as changed, differs from the requirements of the original contract.

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United StatesCt. Substantial changes in the work may be in-scope if the parties entered into a broadly conceived contract. LEXIS 11 provision of technologically advanced, ruggedized, handheld computers was not beyond the scope of the original contract that called for a wide array of hardware and software and RFP indicated the Engineering Change Proposal process would be utilized to implement technological advances ; Paragon Sys.

United States, F. Octel Communications Corn, v.

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But see Master Security, Inc. Generally, increases are new procurements, and decreases are partial terminations for convenience. Generally, the Changes clause permits increases and decreases in the quantity of minor items or portions of the work unless the variation alters the entire bargain. See Symbolic Displays, Inc. See also Kentucky Bldg. Number and Cost of Changes. Neither the number nor the cost of changes alone dictates whether modifications are beyond 91–2 scope of a contract.

United States47 Fed. However, the cumulative effect of a large number of changes is controlling. Changes in Time of Performance. The supply Changes clause does afpx authorize unilateral acceleration of performance. The construction Changes clause authorizes unilateral acceleration of performance. Granting a contractor additional time to perfonn will wfpd be considered within scope. Acceptance of a Change. If a contractor performs under a change order, it may not subsequently argue that the change constituted a breach of contract.

United StatesU. Similarly, once the contractor waives the breach and performs, the Government is obligated 91- pay for the out-of-scope work. Agreeing to a change does not convert an out-of-scope change into one that is within the scope of the contract for competition purposes; it simply means that the parties have agreed to process the change under the Changes clause.

The contracting officer may not use modifications to avoid the statutory mandate for competition. Corbin Superior Composites, Inc.

The Changes and Disputes Standard clauses require the contractor to continue performance pending the resolution of a 91–2 over an in-scope change. Conversely, under the standard Disputes clause, a contractor has no duty to proceed diligently with perfonnance pending resolution of any dispute concerning a change outside the scope of the contract cardinal change.