Question
You can usually make unilateral changes to a contract in designated areas within the general scope of the contract (see FAR subpart 43.2(Links to an
You can usually make unilateral changes to a contract in designated areas within the general scope of the contract (see FAR subpart 43.2(Links to an external site.)). To make unilateral changes to a contract, issue written change orders on Standard Form 30, Amendment of Solicitation/ Modification of Contract (SF 30), unless otherwise provided (see FAR 43.301(Links to an external site.)).
The contractor must continue performance of the contract as changed, except that in cost-reimbursement or incrementally funded contracts the contractor is not obligated to continue performance or incur costs beyond the limits established in the Limitation of Cost or Limitation of Funds clause (see FAR 32.705-2)(Links to an external site.).
Each of the six clauses in FAR 43.205(Links to an external site.) includes similar statements. The statements indicate that you may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:
- Description of services to be performed
- Time of performance (e.g., hours of the day, days of the week, etc.)
- Place of performance of the services
- Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government, in accordance with the drawings, designs, or specifications
- Method of shipment or packing of supplies
- Place of delivery
Is It In Scope? Instructions: Review each scenario and determine whether the change is likely in scope or out of scope. Be sure to explain your answers.
Scenarios 1.A contract to test the water outflow from several existing wastewater treatment plants. Due to changes in environmental regulations and the age of the plants, the frequency of outflow testing must be increased by 10%. In scope Out of scope 2.The agency seeks to modify a contract, originally awarded to transport medical waste from a facility in Virginia to a facility in Tennessee. The agency decides that it now needs that waste to be delivered to a facility in California. In scope Out of scope 3.A janitorial service contract for a government building. During the night a heavy dust storm comes through the area followed by early morning rainstorm. A great deal of mud was tracked on the carpets in the lobby and office areas. The contractor states the only way to remove the mud is to shampoo the carpets, which is not included in the statement of work. In scope Out of scope 4.A contract for trash collection and disposal at an agency's research campus. The agency provides the trash trucks as GFP, and the contractor provides the truck drivers. Shortly after the contract starts, the trucks break down several times. The agency determines that the trucks are too old to justify the required (and expensive) repairs. Instead, the agency now wants the contractor to provide the trash trucks. The contractor owns suitable trucks, which is typical in this industry. In scope Out of scope
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