Are POCL letters legally binding for constructive change to contract requirements without a contract modification?
Yes, the PCO Letter is official direction to the contract. Running it past a local professor here, he added that doesn’t change scope. He also stated that when he wrote letters to the contractors they clearly tied back to the contract. There is a danger that the contractor could come back for a Request for Equitable Adjustment for ambiguities that are created. The PCO can give relief but should be getting something of value in exchange. The letters should be incorporated into the contract via contract modification at some point as a best practice. And they should be shared with the ACO, as the Government should be speaking with one voice. But at the end of the day they are legal direction to the contractor.
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