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  • Question

    Can you use more than one FAR authority on a modifcation?


    Answer

    Absent any specific guidance on this situation in the FAR, DFARS, and DFARS PGI, the SF 30, Amendment of Solicitation/Modification of Contract is used to support this response. The reverse side of the form gives instructions for various numbered items on the front of it. Item 13 requires you to check the appropriate box to indicate the type of modification along with the authority under which the modification is issued. These instructions do not preclude the use of more than one FAR authority. As this situation is dealing with funds, it is presumed that the type of modification would be a Supplemental Agreement under item 13, therefore the authority to increase ceiling and incrementally fund the contract would be identified there. It is advised that in Item 14 (Description of Amendment/Modification), submitter should specifically identify the authority along with the description for each action being taken.

    Based on FAR 43.102(b) and FAR 43.204(a), one could conclude that one modification, i.e. a supplemental agreement, is preferred ILO issuing two separate modifications for actions that could be accomplished under one document. As always, it is further advised that submitter check any local policy that may impact any action taken.
     

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