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    1. The FAR and DFARS references quoted below in pertinent part are applicable to this response.

    FAR 52.243-4 – Changes (Jun 2007)
    (c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.

    (d) If any change under this clause causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. … In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications.

    (f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract.

    DFARS 252.243-7002 -- Requests for Equitable Adjustment (Dec 2012)
    (a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the Contractor believes the Government is liable. 

    (b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor:

    “I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.”

    (d) The certification requirement in paragraph (b) of this clause does not apply to
      (1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or
      (2) Final adjustments under an incentive provision of the contract.

    2. As indicated above, FAR 52.243-4(d), (e) & (f) use the term “equitable adjustment” when referring to contractor proposals submitted to the Contracting Officer for compensation resulting from a formal change order and/or defective specifications. DFARS 252.243-7002(b) clearly states that the certification is required for any request for equitable adjustment. If the DAR Council had meant to exclude proposals for equitable adjustment under a “Changes” clause, then such exclusion would have been expressly stated in paragraph (d) of the clause. Similarly, if the DAR Council had meant to apply the certification only to requests for equitable adjustment demanding payment, then the clause would have so stated. The DAR Council’s interpretation of 10 U.S.C. 2410(a) in drafting this clause is not unreasonable and does not contradict this statute.

    3. Based on the above, the certification requirements of DFARS 252.243-7002 certainly do apply to contractor proposals submitted for equitable adjustment under FAR 52.243-4.



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