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  • Question

    Contract award or modifications have never been signed by comcast cable. Does this consist as a binding contract and if so at regulations do we follow?


    Answer

    In answering this question, the presumption is that this is an acquisition of commercial services.  Consequently, the provisions of FAR Part 12 should be used as your initial reference.  With respect to the base year of the contract, the "legality" of this contract has been established by the fact that the actions of both parties (performance & payment) have unequivocally demonstrated an intent to be bound by the written (though unsigned) agreement.  With respect to the exercise of the annual option and other unilateral government modifications, a review of FAR Subpart 17.2 and clause 52.212-4 should answer any of your specific concerns. 

    Finally, regarding modifications that are bilateral for which the contractor has not, or does not, sign - remember that performance by the contractor of the new terms/requirements demonstrates intent to be bound.  Should you need a more detailed response, I recommend you forward additional questions to your servicing legal office.

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