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(Revised October 01, 2001)



 243.204 Administration.
 243.204-70 Certification of requests for equitable adjustment.
 243.204-71 Engineering change proposals.
 243.205 Contract clauses.
 243.205-70 Pricing of contract modifications.
 243.205-71 Requests for equitable adjustment.

243.204  Administration.


      (b)  Definitization.  The administrative contracting officer (ACO) must review change orders issued by the contracting officer to ensure compatibility with the status of performance.  If the contractor has progressed beyond the effective point specified in the change order, the ACO must determine the earliest practical point at which the change order could be made effective and advise the contracting officer.  The contracting officer must issue another change order to correct, revise, or supersede the first change order, then definitize by supplemental agreement citing both change orders.


243.204-70  Certification of requests for equitable adjustment.


      (a)  A request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold may not be paid unless the contractor certifies the request in accordance with the clause at 252.243-7002.


      (b)  The aggregate amount of both the increased and decreased costs shall be used in determining when the dollar threshold requiring certification is met (see example in FAR 15.403-4(a)(1)(iii)).


      (c)  The certification required by 10 U.S.C. 2410(a), as implemented in the clause at 252.243-7002, is different from the certification required by the Contract Disputes Act of 1978 (41 U.S.C. 605(c)).  If the contractor has certified a request for equitable adjustment in accordance with 10 U.S.C. 2410(a), and desires to convert the request to a claim under the Contract Disputes Act, the contractor shall certify the claim in accordance with FAR Subpart 33.2.


243.204-71  Engineering change proposals.

Engineering changes can originate with either the contractor or the Government.  In either case, the Government will need detailed information from the contractor for evaluation of the technical, cost, and schedule effects of implementing the change.


243.205  Contract clauses.


243.205-70  Pricing of contract modifications.

Use the clause at 252.243-7001, Pricing of Contract Modifications, in solicitations and contracts when anticipating and using a fixed price type contract.


243.205-71  Requests for equitable adjustment.

Use the clause at 252.243-7002, Requests for Equitable Adjustment, in solicitations and contracts estimated to exceed the simplified acquisition threshold.




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