PART 5343 -
[Revised June 3, 2016]
SUBPART 5343.1 — GENERAL
5343.102-90 Contract Scope Considerations
Contracting officers must assess scope when modifying contracts. Proposed modifications generally constitute new work when, a) an individual modification or the cumulative effect from previous modifications result in changes that were not fairly and reasonably within the contemplation of the parties when the contract was awarded; or b) when proposed changes are not within the terms of the original contract award. New work requires competition unless one of the seven exceptions to competition found in FAR 6.302 applies.
SUBPART 5343.2 — CHANGE ORDERS
(b) The MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) must provide notification to SAF/AQC 30 days prior to the issuance of an unpriced change order for a foreign military sale that does not adhere to the policies and procedures described in DFARS 243.204-70. The notification must include detailed rationale to support the determination. Any applicable special access program action must be forwarded, through secure program channels, to SAF/AQC.
5343.204-70-3 Definitization Schedule
(a) Contracting officers must document the contract file with the justification for the delay and revised definitization milestone schedule.
5343.204-70-7 Plans and Reports
The MAJCOM/DRU SCO (or for AFLCMC and SMC, the SCCO) must submit a monthly UCA update, including unpriced change orders by the 10th of each month. The SCO/SCCO must ensure the data reported for unpriced change orders is current in the reporting tool. AFRCO will provide the information directly to the DAS(C)/ADAS(C), as appropriate. SAF/AQC will submit a consolidated report to OUSD (AT&L)/DPAP no later than April 30 and October 31 of each year.
5343.205 Contract Clauses
The contracting officer is authorized to change the period in which the contractor may assert claims under the changes clauses when permitted by the FAR.