Issue termination notices. [48 FR 42386, Sept. 19, 1983, as amended at 66 FR 2133, Jan. 10, 2001]
Issue termination notices. Page 2 (a) When a contractor considers that the Government has effected or may effect a change in the contract that has not been identified as such in writing and signed by the contracting officer, it is necessary that the contractor notify the Government in writing as soon as possible.
Issue termination notices. (a) When a contractor considers that the Government has effected or may effect a change in the contract that has not been identified as such in writing and signed by the contracting officer, it is necessary that the contractor notify the Government in writing as soon as possible. This will permit the Government to evaluate the alleged change and- (1) Confirm that it is a change, direct the mode of further performance, and plan for its funding; (2) Countermand the alleged change; or (3) Notify the contractor that no change is considered to have occurred. (b) The clause at 52.243-7, Notification of Changes, which is prescribed in 43.107- (1) Incorporates the policy expressed in paragraph (a) of this section; (2) Requires the contractor to notify the Government promptly of any Government conduct that the contractor considers a change to the contract, and (3) Specifies the responsibilities of the contractor and the Government with respect to such notifications. (a) The contracting officer shall not execute a contract modification that causes or will cause an increase in funds without having first obtained a certification of fund availability, except for modifications to contracts that- (1) Are conditioned on availability of funds (see 32.703-2); or (2) Contain a limitation of cost or funds clause (see 32.704). (b) The certification required by paragraph (a) of this section shall be based on the negotiated price, except that modifications executed before agreement on price may be based on the best available estimate of cost. (c) In accordance with 10 U.S.C. 983, do not provide funds by contract or contract modification, or make contract payments, to an institution of higher education that has a policy or practice of hindering Senior Reserve Officer Training Corps units or military recruiting on campus as described at 9.110. The prohibition in this paragraph (c) does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products, including commercially available off-the-shelf items, and commercial services. The contracting officer may insert a clause substantially the same as the clause at 52.243-7, Notification of Changes, in solicitations and contracts. The clause is available for use primarily in negotiated research and development or supply contracts for the acquisition of major weapon systems or principal subsystems. If the contract amount is expected to be less than $1,000,000, the clause shall not be u...
