Handle changes through the contracting officer

After this lesson you should be able to refuse extra work that is not in a written modification signed by the contracting officer, tell a COR request from a change the contract actually authorizes, and keep performing the unmodified work. AsherGate has no contract-administration module and does not issue or receive modifications.

An unauthorized direction is not a promise of payment.

FAR 43.102(a) says only contracting officers acting within the scope of their authority are empowered to execute contract modifications on behalf of the Government. Other Government personnel shall not execute modifications, act so as to cause the contractor to believe they have authority to bind the Government, or direct or encourage the contractor to perform work that should be the subject of a contract modification. FAR 1.602-2(d)(5) states that a contracting officer’s representative has no authority to make commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions, or to direct the contractor to operate in conflict with the contract.

FAR 43.103 splits modifications into bilateral supplemental agreements, signed by the contractor and the contracting officer, and unilateral modifications signed only by the contracting officer, such as administrative changes, change orders, certain clause-authorized changes, and termination notices. If FAR 52.212-4 is in a commercial contract, paragraph (c) says changes in the terms and conditions may be made only by written agreement of the parties. A COR email that says “add twelve posts this week” is not that agreement.

AsherGate does not route a modification, calculate an equitable adjustment, or tell you a COR email is authorized. Store the written modification PDF after the contracting officer issues it. Until then, perform the current award. Do not ship extra quantity because someone asked in email.

Keep this as a side note. If FAR 52.243-1 is in a fixed-price non-commercial contract, the contracting officer may at any time, by written order, make listed changes within the general scope, such as drawings or specifications for supplies specially manufactured for the Government, method of shipment or packing, or place of delivery. That written order still comes from the contracting officer, not from a COR. The contractor must assert a right to an adjustment within 30 days from receipt of the order, unless the contracting officer later receives a proposal before final payment. Alternates change the listed items for services, transportation, or research. Adding commercial quantity that is not in those listed categories is typically a bilateral supplemental agreement, not a unilateral change order. Always read the clause that is in this contract. Do not assume 52.243-1 applies to a commercial award.

Using the Quarrybend story below, the award is 80 posts. The COR emails “add 12 posts this week.” FAR 52.212-4(c) is in the contract. No written modification exists.

Reply that you will continue the 80-post award and that a quantity change needs a written agreement of the parties signed by the contracting officer. Do not cut, ship, or invoice 92. Do not log the email as a modification in AsherGate. This product phase has no contract-admin workflow.