Under the fixed-price Changes clause, the Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract 1.
The clause also protects you. If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract 2.
The clock starts early: the contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order 3. For changes nobody put in writing, it is necessary to notify the Government in writing as soon as possible 4.
The request comes first
Most disagreements are settled by negotiation. The Government's policy is to try to resolve all contractual issues in controversy by mutual agreement at the contracting officer's level 5.
In contracts that include the DFARS clause on requests for equitable adjustment, the amount of a request shall accurately reflect the contract adjustment for which the Contractor believes the Government is liable 6, and any request that exceeds the simplified acquisition threshold shall bear, at the time of submission, a certificate 7 that begins "I certify that the request is made in good faith" 8.
Worked example. Contractor H's change log shows 120 extra labor hours after a written order added a site. Its request lists the order, the hours by person and date, the contract's labor rate of $120 an hour and the resulting $14,400, and nothing it cannot document.
When a request becomes a claim
The Disputes clause defines a claim as including a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain 9. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim 10.
Contractor claims shall be submitted, in writing, to the contracting officer for a decision within 6 years after accrual of a claim 11, and contractors shall provide the specified certification when submitting any claim exceeding $100,000 12.
While the dispute runs, keep working: the Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract 13.
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