With respects to completing the CAR for a modification, when should we choose supplemental agreement over change order, or vice versa? Is there any difference if working with an A/E modification vs. a Construction modification?
The following response is based solely on the question and background information provided. As we do not have all of the facts particular to your contract, program, and situation, we highly recommend, as applicable, you consult your leadership, contracting officer and/or Legal Office for guidance.
Open full Question Details
Given the acronyms you use in your question, I have to make some assumptions. First, I assume your question relates to "contract action reports" in FPDS-NG for individual modifications which in your case are related to architect & engineering and/or construction. It is also unclear how your CARs are processed; many of these actions are automatically generated through whatever contract writing system your agency employs. In addition, I assume your question is referring to the "reason for modification" portion of the reporting system. That said, I believe the answer lies in whether your contract action is a "unilateral" or "bilateral" type of modification. As defined at FAR 43.103, a unilateral modification is a contract modification that is signed only by the contracting officer as is the case with a change order; conversely, a bilateral modification (supplemental agreement) is a contract modification that is signed by the contractor and the contracting officer. Given those definitions, your CAR entry should be based on whether your modification was a unilateral change order and signed only by the contracting officer or bilateral (i.e. supplemental agreement) and signed by both the Contracting Officer and the contractor. Whether your modification is related to A/E and/or construction is of little consequence with respect to your basic question.