Difference between revisions of "FAR 52.243-1 - Changes—Fixed-Price"

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{{ContractClause
 
{{ContractClause
 +
|EffectiveDate=1987/08/01
 +
|ClauseorProvision=Clause
 +
|Prescribedin=43.205(a)(1)
 +
|TypeofContractRequired=Fixed Price, Supply; Leasing of Motor Vehicles
 +
|TypeofContractApplicable=Architect-Engineering; Indefinite Delivery; Simplified Acquisition Procedures (Excludes Micro-Purchase)
 +
|TypeofContractOptional=Utility Services; Facilities; Dismantling, Demolition or Removal of Improvements; Fixed Price, Construction; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Service; Fixed Price, R&D; Cost Reimbursement, Supply
 +
|CCSubject=Contract Changes
 +
|PrescriptionOverview===Prescription==
 +
|FARClauseOverview===Clause==
 +
 +
'''(a)''' The Contracting Officer 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:
 +
*(1) 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.
 +
*(2) Method of shipment or packing.
 +
*(3) Place of delivery.
 +
 +
 +
'''(b)''' If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.
 +
 +
 +
'''(c)''' The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.
 +
 +
 +
'''(d)''' If the Contractor’s proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.
 +
 +
 +
'''(e)''' Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.
 +
 +
== Alternates==
 +
 +
===Alternate I (Apr 1984)===
 +
If the requirement is for services, other than architect-engineer or other professional services, and no supplies are to be furnished, substitute the following paragraph (a) for paragraph (a) of the basic clause:
 +
 +
(a) The Contracting Officer 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:
 +
*(1) Description of services to be performed.
 +
*(2) Time of performance (i.e., hours of the day, days of the week, etc.).
 +
*(3) Place of performance of the services.
 +
 +
===Alternate II (Apr 1984)===
 +
If the requirement is for services (other than architect-engineer services, transportation, or research and development) and supplies are to be furnished, substitute the following paragraph (a) for paragraph (a) of the basic clause:
 +
 +
(a) The Contracting Officer 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:
 +
*(1) Description of services to be performed.
 +
*(2) Time of performance (i.e., hours of the day, days of the week, etc.).
 +
*(3) Place of performance of the services.
 +
*(4) 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.
 +
*(5) Method of shipment or packing of supplies.
 +
*(6) Place of delivery.
 +
 +
===Alternate III (Apr 1984)===
 +
If the requirement is for architect-engineer or other professional services, substitute the following paragraph (a) for paragraph (a) of the basic clause and add the following paragraph (f):
 +
 +
(a) The Contracting Officer 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 the services to be performed.
 +
 +
* * * * *
 +
(f) No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written authorization of the Contracting Officer.
 +
 +
===Alternate IV (Apr 1984)===
 +
If the requirement is for transportation services, substitute the following paragraph (a) for paragraph (a) of the basic clause:
 +
 +
(a) The Contracting Officer 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:
 +
 +
*(1) Specifications.
 +
*(2) Work or services.
 +
*(3) Place of origin.
 +
*(4) Place of delivery.
 +
*(5) Tonnage to be shipped.
 +
*(6) Amount of Government-furnished property.
 +
 +
===Alternate V (Apr 1984)===
 +
If the requirement is for '''research and development''' and it is desired to include the clause, substitute the following paragraphs (a)(1) and (a)(3) and paragraph (b) for paragraphs (a)(1) and (a)(3) and paragraph (b) of the basic clause:
 +
 +
(a) ***
 +
 +
(1) Drawings, designs, or specifications.
 +
 +
* * * * *
 +
(3) Place of inspection, delivery, or acceptance.
 +
 +
(b) If any such change causes an increase or decrease in the cost of, or time required for, performing this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in—
 +
 +
*(1) The contract price, the time of performance, or both; and
 +
*(2) Other affected terms of the contract, and shall modify the contract accordingly.
 +
|ImportantNotesRequirements=[[Category:FAR 52 - Solicitation Provisions and Contract Clauses]]
 +
 +
Fixed Price R&D is option under Alt. IV
 +
 +
A&E is applicable under Alt. III
 +
 +
 +
|IncorporatedbyReference=Yes
 +
|UniformContractFormat=I
 +
|Editor=Marshall
 +
|ProvisionClauseNumberAlternate=52.243-1
 +
|ProvisionClauseDescription=-
 
|Checked=no
 
|Checked=no
 
|HasTermDate=2014/03/31
 
|HasTermDate=2014/03/31
−
|EffectiveDate=
 
−
|ClauseorProvision=Clause
 
 
|ProvisionClauseNumber=52.243-1
 
|ProvisionClauseNumber=52.243-1
−
|ProvisionClauseNumberAlternate=52.243-1
 
 
|RegulationSection=43
 
|RegulationSection=43
−
|Prescribedin=43.205(a)(1)
 
 
|FunctionalTopicalArea=
 
|FunctionalTopicalArea=
−
|CCSubject=Contract Changes
 
−
|ProvisionClauseDescription=Changes–Fixed Price.
 
−
|ProcurementType=
 
−
|ContractThreshold=
 
−
|FARClauseOverview=
 
 
|FARCitation=
 
|FARCitation=
−
|ImportantNotesRequirements=
 
 
|ImportantCaseLaw=
 
|ImportantCaseLaw=
−
|SubcontractThreshold=
 
 
|FlowClauses=
 
|FlowClauses=
−
|IncorporatedbyReference=Yes
 
−
|UniformContractFormat=I
 
−
|TypePurposeContract=Fixed Price Supply -R;Fixed Price Service -O;Cost Reimbursement Service -O;Fixed Price Construction -O;Cost Reimbursement Construction -O;Time and Materials/Labor Hour -O;Leasing of Motor Vehicles -R;Dismantling, Demolition, or Removal of Improvements -O;Facilities -O;Indefinite Delivery -A;Simplified Acquisition Procedures -A;Utility Services -O;
 
 
}}
 
}}

Latest revision as of 09:38, 31 December 2014

***

Contents

Prescribed in 43.205(a)(1)

Effective Date:1 August 1987
Clause or Provision:Clause
Provision or Clause Number: 52.243-1 - Changes—Fixed-Price
Principle Type And/Or Purpose of Contract:
Required:Fixed Price, Supply; Leasing of Motor Vehicles
Applicable:Architect-Engineering; Indefinite Delivery; Simplified Acquisition Procedures (Excludes Micro-Purchase)
Optional:Utility Services; Facilities; Dismantling, Demolition or Removal of Improvements; Fixed Price, Construction; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Service; Fixed Price, R&D; Cost Reimbursement, Supply
Subject:Contract Changes
ProcurementType:
Contract Threshold:
Prescription Overview:

Prescription

Clause Overview:

Clause

(a) The Contracting Officer 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:

  • (1) 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.
  • (2) Method of shipment or packing.
  • (3) Place of delivery.


(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.


(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.


(d) If the Contractor’s proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.


(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

Alternates

Alternate I (Apr 1984)

If the requirement is for services, other than architect-engineer or other professional services, and no supplies are to be furnished, substitute the following paragraph (a) for paragraph (a) of the basic clause:

(a) The Contracting Officer 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:

  • (1) Description of services to be performed.
  • (2) Time of performance (i.e., hours of the day, days of the week, etc.).
  • (3) Place of performance of the services.

Alternate II (Apr 1984)

If the requirement is for services (other than architect-engineer services, transportation, or research and development) and supplies are to be furnished, substitute the following paragraph (a) for paragraph (a) of the basic clause:

(a) The Contracting Officer 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:

  • (1) Description of services to be performed.
  • (2) Time of performance (i.e., hours of the day, days of the week, etc.).
  • (3) Place of performance of the services.
  • (4) 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.
  • (5) Method of shipment or packing of supplies.
  • (6) Place of delivery.

Alternate III (Apr 1984)

If the requirement is for architect-engineer or other professional services, substitute the following paragraph (a) for paragraph (a) of the basic clause and add the following paragraph (f):

(a) The Contracting Officer 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 the services to be performed.

  • * * * *

(f) No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written authorization of the Contracting Officer.

Alternate IV (Apr 1984)

If the requirement is for transportation services, substitute the following paragraph (a) for paragraph (a) of the basic clause:

(a) The Contracting Officer 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:

  • (1) Specifications.
  • (2) Work or services.
  • (3) Place of origin.
  • (4) Place of delivery.
  • (5) Tonnage to be shipped.
  • (6) Amount of Government-furnished property.

Alternate V (Apr 1984)

If the requirement is for research and development and it is desired to include the clause, substitute the following paragraphs (a)(1) and (a)(3) and paragraph (b) for paragraphs (a)(1) and (a)(3) and paragraph (b) of the basic clause:

(a) ***

(1) Drawings, designs, or specifications.

  • * * * *

(3) Place of inspection, delivery, or acceptance.

(b) If any such change causes an increase or decrease in the cost of, or time required for, performing this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in—

  • (1) The contract price, the time of performance, or both; and
  • (2) Other affected terms of the contract, and shall modify the contract accordingly.
Important Notes/Requirements:

Fixed Price R&D is option under Alt. IV

A&E is applicable under Alt. III

Subcontract Threshold:
Incorporated by Reference:Yes
Uniform Contract Format:I
Editor:Marshall

Personal notes.

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