48 C.F.R. PART 243—CONTRACT MODIFICATIONS
Title 48 - Federal Acquisition Regulations System
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
Source: 56 FR 36446, July 31, 1991, unless otherwise noted.
The Secretary of Defense is required to notify the Secretary of Labor if a modification of a major defense contract or subcontract will have a substantial impact on employment. The clause prescribed at 249.7003(c) requires that the contractor notify its employees, its subcontractors, and State and local officials when a contract modification will have a substantial impact on employment. [56 FR 67220, Dec. 30, 1991, as amended at 70 FR 67922, Nov. 9, 2005] Follow the procedures at PGI 243.170 for identifying contract modifications that add FMS requirements. [70 FR 67922, Nov. 9, 2005] Follow the procedures at PGI 243.171 when obligating or deobligating funds. [70 FR 67922, Nov. 9, 2005] Follow the procedures at PGI 243.204 for review and definitization of change orders. [70 FR 67922, Nov. 9, 2005] (a) A request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold may not be paid unless the contract certifies the request in accordance with the clause at 252.243–7002. (b) To determine if the dollar threshold for requiring certification is met, add together the absolute value of each cost increase and each cost decrease. See PGI 243.204–70(b) for an example. (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. [62 FR 37147, July 11, 1997, as amended at 63 FR 11541, Mar. 9, 1998; 70 FR 67922, Nov. 9, 2005] Use the clause at 252.243–7001, Pricing of Contract Modifications, in solicitations and contracts when anticipating and using a fixed price type contract. [56 FR 36446, July 31, 1991. Redesignated at 66 FR 49865, Oct. 1, 2001] Use the clause at 252.243–7002, Requests for Equitable Adjustment, in solicitations and contracts estimated to exceed the simplified acquisition threshold. [63 FR 17124, Apr. 8, 1998. Redesignated at 66 FR 49865, Oct. 1, 2001]
Title 48: Federal Acquisition Regulations System
PART 243—CONTRACT MODIFICATIONS
Section Contents
243.107-70 Notification of substantial impact on employment.
243.170 Identification of foreign military sale (FMS) requirements.
243.171 Obligation or deobligation of funds.
243.204 Administration.
243.204-70 Certification of requests for equitable adjustment.
243.205 Contract clauses.
243.205-70 Pricing of contract modifications.
243.205-71 Requests for equitable adjustment.
Subpart 243.1—General
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243.107-70 Notification of substantial impact on employment.
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243.170 Identification of foreign military sale (FMS) requirements.
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243.171 Obligation or deobligation of funds.
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Subpart 243.2—Change Orders
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243.204 Administration.
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243.204-70 Certification of requests for equitable adjustment.
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243.205 Contract clauses.
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243.205-70 Pricing of contract modifications.
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243.205-71 Requests for equitable adjustment.
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