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  • Question

    In FAR 43.000(a), it states FAR Part 43 does not apply to Orders for supplies or services not otherwise changing the terms of contracts or agreements (e.g., delivery orders under indefinite-delivery contracts). Does this mean that with IDC/Requirements contracts FAR 43.103(b) does not apply, and that funding-only actions are bilateral?


    Answer

    Further discussion revealed that FAR clause DFARS 252.232-7007 Limitation of Government's Obligation is included in the contract. Paragraph (d) of the clause indicates a bilateral modification:

    (d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree [emphasis added] as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

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