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  • Question

    Which is to be adhered to; the award block 11 or the amendment clause? Submittals and design show work has commenced and was completed. Should a separate notice to proceed be issued for the construction based on completed design?


    Answer

    The Schedule has precedence assuming the contract includes the clause FAR 52.215-8 – Order of Precedence – Uniform Contract Format (Oct 1997) which reads: “Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) The Schedule (excluding the specifications). (b) Representations and other instructions. (c) Contract clauses. (d) Other documents, exhibits, and attachments. (e) The specifications.
    According to FAR Part 14.201-1, Table 14-1, the Schedule portion consists of
    Section A - Solicitation/contract form
    Section B – Supplies or services and prices
    Section C - Description/specifications
    Section D - Packaging and marking
    Section E - Inspection and Acceptance
    Section F - Deliveries or performance
    Section G - Contract administration data
    Section H - Special contract requirements
    Section A – contract form (block 11) is the first order of precedence since it is a part of the Schedule.  The contract clauses (including the amendment clause) follow in precedence behind representations and other instructions.



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