OVERSIGHT & COMPLIANCE BRANCH (OCB) MODIFICATION TYPE and AUTHORITY TRAINING November 04,

Table of Contents Overview…………………………………………………………….3 Objective…………………………………….………………………4 Definitions………………………………………..………………..5 Defining Modification Types………..……………..…..6-8 Standard Form 30……………………………… Commonly Used Modification Authorities……

Overview In FY 2010, OCB performed Acquisition Management Reviews (AMR) of NOAA’s Acquisition and Grants Office (AGO). To assist the Acquisition Divisions (AD), OCB has developed training to address findings from the AMRs. This training will cover contract modification types and authorities. 3

OBJECTIVE Define the different types of modifications and determine which type is appropriate when issuing your modification. Provide commonly used modification authorities as a guide for acquisition divisions when issuing contract modifications. 4

DEFINITIONS Administrative change: unilateral (see (b)) contract change, in writing, that does not affect the substantive rights of the parties (e.g., a change in the paying office or the appropriation data). Change order: a written order, signed by the contracting officer, directing the contractor to make a change that the Changes clause authorizes the contracting officer to order without the contractor's consent. Supplemental agreement: a contract modification that is accomplished by the mutual action of the parties. 5

MODIFICATION TYPES According to FAR , there are two types of modification: Bilateral- supplemental agreement signed by the contractor and the contracting officer. Unilateral- signed only by the contracting officers. 6

7 MODIFICATION TYPES Bilateral modifications are customarily used to accomplish such actions as the following: Make negotiated equitable adjustments resulting from the issuance of a change order; Definitize letter contracts Reflect other agreements of the parties modifying the terms of the contract

8 MODIFICATION TYPES Unilateral modifications are customarily used to accomplish such actions as the following: Make administrative changes; Issue change orders; Make changes authorized by clauses other than a changes clause (e.g., Property clause, Options clause, Suspension of Work clause, etc.) Issue termination notices.

9 STANDARD FORM 30 When properly executed by the Contracting Officer, constitutes a legal contract modification, thereby placing all responsibility for the final document on the Contracting Officer. The SF 30 is a stand alone document which must accurately reflect the negotiated scope of work, to include any and all changes to the contract terms, conditions, specifications, excess material, time, etc. If the scope changes during negotiations, the SF 30 must include final, revised scope.

Block 13 identifies type of modification & authority. The CO must select one of the four fields to identify modification type, and specify a modification authority. (1) Letter "A." Use this block to issue an undefinitized contract action pursuant to the Changes clause; e.g., notice to proceed. (2) Letter "B." pertains to administrative changes; e.g., a change in the paying office or the appropriation data. (3) Letter "C." Use whenever a within scope supplemental agreement (bilateral agreement between the parties) is executed. Insert the title of the contract clause in the space provided; e.g., Changes; Differing Site Condition; Default(Fixed ‑ Priced Construction). (4) Letter "D." Use for unilateral modifications citing the appropriate clause or regulation; e.g., Property clause, Options clause, Suspension of Work clause, issuing novation agreements, change ‑ of ‑ name agreements, supplemental agreements outside the contract scope, terminations, etc. 10

11 Commonly Used Modification Authorities This following tables are guides for specialist and contracting officers to help determine the appropriate authority for issuance of specific types of modifications. The specific facts surrounding the individual modification should always be analyzed. The general rule is to cite the explicit authority, which is that authority expressly written into the contract, before citing a more general authority such as “By Mutual Agreement between both Parties”.

12 Modification Subject Authority Data, adding of (within the limits of the J&A) FAR Changes--Fixed Price, Changes--Cost Reimbursement, or Changes Time-and- Material or Labor-Hour Data, changing or revising FAR Changes--Fixed Price, Changes--Cost Reimbursement, or Changes Time-and- Material or Labor-Hour Defects in supplies, correction ofWarranty clause or Correction of Deficiency Clause in Section H Defective cost or pricing data, price reduction for FAR Price Reduction for Defect Cost or Pricing Data or Price Reduction for Defective Cost or Pricing Data-- Modifications Definitization of a Change Order FAR Changes--Fixed Price, Changes--Cost Reimbursement, or Changes Time-and- Material or Labor-Hour Definitization of a Letter Contract FAR Contract Definitization Delivery, change in the place of FAR Changes--Fixed Price, Changes--Cost Reimbursement, or Changes Time-and- Material or Labor-Hour Delivery, schedule extension (CR) FAR Excusable Delays Delivery, schedule extension (FP) FAR Government Delay of Work or Default Fixed-Price Supply and Service Designs, drawings, specification, and SOW, change in FAR Changes--Fixed Price, Changes--Cost Reimbursement, or Changes Time-and- Material or Labor-Hour

13 Modification Subject Authority Drawings, designs, specification, and SOW, change in FAR Changes--Fixed Price, Changes--Cost Reimbursement, or Changes Time-and- Material or Labor-Hour FAR Changes--Fixed Price, ECP, incorporation of Changes--Cost Reimbursement, or Changes Time-and- Material or Labor-Hour Economic Price Adjustment (EPA)FAR Economic price Adjustment--Standard Supplies Economic Price Adjustment—Semi-standard Supplies Economic Price Adjustment--Labor and Material Funding an overrun (fully funded cost reimbursement (CR) contract) FAR Limitation of Cost Funding, increase of (incrementally funded CR contract)FAR Limitation of Funds GFP (Government Furnished Property)FAR Government Property disposition of / increase or decrease of / replacement of / repair of Incentive price revision (FPIF), final price revision or funding to ceiling FAR Incentive Price Revision--Firm Target Incentive price revision (FPIS), establishing a firm-fixed price or firm targets FAR Incentive Price Revision--Successive Targets Make or buy program, changesFAR Changes or Additions to Make-or-Buy Program

14 Modification Subject Authority New work, requiring J&A Cite the appropriate exemption to CICA (10 U.S.C (c) (1) thru (7)) Option, exercise of (IAW contract, unilateral)FAR Option for Increased Quantity, Option for Increased Quantity--Separately-Priced Line Item, Option to Extend Services, or Option to Extend the Term of the Contract Option, exercise of (not IAW contract, bilateral)Cite the appropriate exemption to CICA (10 U.S.C (c) (1) thru (7)) Packing or shipment, change in the method ofFAR Changes--Fixed Price, Changes--Cost Reimbursement, or Changes Time-and- Material or Labor-Hour Progress payments, adding after awardFAR Progress Payments Progress payments, increasing rate or liquidation rateFAR Progress Payments Shipment or packing, change in the method ofFAR Changes--Fixed Price, Changes--Cost Reimbursement, or Changes Time-and- Material or Labor-Hour SOW, specification, designs, and drawings, change inFAR Changes--Fixed Price, Changes--Cost Reimbursement, or Changes Time-and- Material or Labor-Hour Stop WorkFAR Stop-Work Order Termination for ConvenienceFAR thru 7 Termination for DefaultFar thru 10 Value Engineering Change Proposal (VECP), incorporation of FAR Value Engineering, Value Engineering--Architect-Engineer, or Value Engineering--Construction Modification of Contractual Terms not covered by any other Clause or Section H FAR (a), Mutual Agreement between both Parties (Default authority)

QUESTIONS 15