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  • Question

    We are awarding an ECP to a contract that was awarded with an FFP CLIN, but the modification will have a CPFF CLIN. I am unsure what the modification authority should be as the authority we cite needs to be in the contract, but Alt V of the Changes clause is not currently in the contract. Thank you.


    Answer

    With the limited information provided…here are some things to consider:
    See FAR Subpart 16.1
    See also FAR Part 43 generally, FAR 43.205 and DFARS 252.243-7001 Pricing of Contract Modifications
     
    1)  Is the current contract type FFP or a hybrid?  Are you changing the CLIN type or the contract type?  It is unclear based on the submitted question.  If you have a hybrid contract, you should simply create a new CPFF CLIN instead of trying to convert a FFP CLIN to a CPFF CLIN.
    2)  If it’s a FFP contract, using FAR 52.243-1 Changes – Fixed Price Alternate V (Apr 1984), which is not currently in the contract would require a bilateral modification (FAR 43.103(a)) to the contract to add this clause before awarding your ECP modification.  Is the ECP for R&D?  What is the value of the modification?  Many FAR contract clauses are specific to contract type, and would not be applicable to a hybrid contract.

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