By Mike Wolff on Monday, June 10, 2002 – 08:59: And why not 43.103 (a) (3)? Does this mean that the FAR recognizes that the parties will enter into complementary agreements that are not allowed elsewhere? My office uses „reciprocal being of both parties“ all the time, and no one has ever questioned it (which doesn`t necessarily do it properly, but it wasn`t a problem). Mike 43,103 types of contract changes. The contract changes are of the following types: a) bilateral. A bilateral amendment (additional agreement) is an amendment to the contract signed by the contractor and the client. Bilateral amendments are used to make (1) negotiated fair adjustments resulting from the issuance of an amendment mandate; (2) the obligation to degrade correspondence contracts; and (3) other agreements reached by the parties to amend the terms of the contract. By Charlie Dan on Tuesday, June 11, 2002 – 12:33 p.m.: I worked in several contract offices – DoD and civilian, and I checked contracts in dozens of offices. Wherever I was, I saw changes that call for „mutual agreement of the parties.“ I also heard the argument made by the professor in Vern`s original message – that a contract agent must have a specific legal or regulatory authority for each contract modification. Anger is, I don`t see that kind of argument in the instructions on the SF30 itself. The FAR instructions for the SF30, 53.243, do not even mention Block 13. Discussions by the adjudicative authorities in Part 1.6 of FAR also do not lead to this argument. That is why I do not accept that argument. As long as a contract agent does not break a law or regulation and takes action in the best interests of the government, I think it can change a contract. I see no problem in using „mutual agreement“ as authority.
If there is something illegal, there are a lot of illegal mods out there! Moreover, for those who agree with the professor`s argument, I like the ideas of using FAR 1.102 (d) and/or 1.602-2 as authority. (a) bilateral. A bilateral amendment (additional agreement) is an amendment to the contract signed by the contractor and the client. Bilateral amendments are used for – By jerry zaffos on Wednesday, June 12, 2002 – 11:14: Back to Vern`s original example, wouldn`t the legal authority of the client be the same as for the conclusion of a contract, since the parties have entered into a new contract in a certain sense, although all the conditions except the delivery plan and price are the same? By Anon on Tuesday, June 11, 2002 – 14:09: Joel, he is on his way, hoping that it is readable. Vern, I agree with you. Question however, years ago, someone once said that the authority of a mod should not cite FAR parts 1 – 51, but the authority had to come from an FAR part 52 (well, in fact, the ASPR was then the father of DAR). Later, I was transformed into a „mutual agreement of the parties“ (about the third year of my career after the AFIT contract law course).