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  • Question

    What is an applicable FAR clause authority to extend 3 month in this case? FAR 52.212-4(c)Changes or FAR 52.212-4(f) Excusable delays? As far as I learned, contracts for commercial items/services contain a unique changes provision greatly limiting the operation of the clause, FAR 52.212-4(c)Changes. Both FAR clauses would be acceptable? Thank you for your time and support.


    Answer

    FAR 52.212-4(c) addresses the actual revision to one or more contract terms or conditions; in this case, the new completion date. FAR 52.212-4(f) addresses the issue of liability for inability to meet contract requirements. The two paragraphs address separate concepts, which in this case have their roots in the same basic issue (Covid). So the actual authority to change the period of performance is in para. (c). The contractor's protection from liability for not being able to meet the completion date is in para. (f).

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