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  • Question

    Is there a standard Disclaimer Notice to use that clearly states the meeting and Government participants can in no way provide direction to modify the existing contract and that only through the Contracting Officer can the scope or elements of the contract be modified? Or is there a good example of one out there we can use? I am trying to keep non-acquisition people from inadvertently ratifying the contract.


    Answer

    If your primary concern is to make it clear to Government personnel that they should not do anything that is reserved for the authority of the contracting officer, one option is to copy/paste the relevant content directly from the FAR. There is nothing more authoritative than this:
    43.102 -- Policy.
    (a) Only contracting officers acting within the scope of their authority are empowered to execute contract modifications on behalf of the Government. Other Government personnel shall not—
    (1) Execute contract modifications;
    (2) Act in such a manner as to cause the contractor to believe that they have authority to bind the Government; or
    (3) Direct or encourage the contractor to perform work that should be the subject of a contract modification.

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