What format should the notice of change follow?
The notice of change should include:
The date, nature, and circumstances of the conduct the contractor regards as a change
The name, function, and activity of government or contractor personnel who are aware of this conduct
The identification of any relevant documents and the substance of any oral communication involved
The basis for any allegation of accelerated performance or delivery
Any element of contract performance that the contractor may use as a basis for seeking an adjustment in time or money, including:
- Contract line items affected
- Specific labor or material categories affected
- To the extent practicable, delay and disruption in the manner and sequence of performance and the effect of such delays or disruptions on continued performance
- Contractor estimates of adjustments to contract price, delivery schedule, or other contract terms.
The contractor's estimate of a reasonable government response time that would minimize cost, delay, or disruption of performance.
What does the COR do if the CO determines the change is permissible?
Upon receipt of notification, the CO must determine if the event in question was permitted as a technical direction or if it results in a constructive change to the contract. No further action will be required of the COR if the determination is made that the event was permitted under technical direction.
Assisting the CO with Negotiations
What is the COR's role in the event of negotiations?
The CO may require the participation of the COR at negotiations. The COR should not respond to any contractor statements during the negotiations unless directed to do so by the CO. At the conclusion of negotiations, the CO will make a final decision as to whether the event in question was permitted as technical direction, or whether a change must be made to the contract.
Inspection and Acceptance
The purpose of inspection is to determine whether a completed product or service conforms exactly to what the government ordered from a contractor and can, therefore, be accepted. The extent of inspection varies with the dollar value of the contract and the type of product or service being procured.
Inspections and acceptances are considered successful when:
Supplies or services tendered by contractors meet contract requirements or
Nonconforming supplies or services are rejected, or the nonconformance is otherwise resolved (e.g., by the government accepting non-conforming end items at a reduced price).
The COR is often the individual responsible for performing inspections and recommending product acceptance or rejection to the CO. The government's policy on quality assurance is presented in FAR Part 46, Quality Assurance. Section 46.102 states: Agencies shall ensure that:
a. contracts include inspection and other quality requirements, including warranty clauses when appropriate, that are determined necessary to protect the government's interest
b. supplies or services tendered by contractors meet contract requirements
c. government contract quality assurance is conducted before acceptance (except as otherwise provided in this part), by or under the direction of government personnel
d. no contract precludes the government from performing inspection
e. nonconforming supplies or services are rejected, except as otherwise provided in 46.407
f. contracts for commercial items shall rely on a contractor's existing quality assurance system as a substitute for compliance with government inspection and testing before tender for acceptance unless customary market practices for the commercial item being acquired permit in-process inspection (Section 8002 of Public Law 103-355). Any in-process inspection by the government shall be conducted in a manner consistent with commercial practice
g. the quality assurance and acceptance services of other agencies are used when this will be effective, economical, or otherwise in the government's interest.