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  • Question

    Does a this modification have to bilateral?


    Answer

    Lets first begin with Section 13 of the SF30.  

    Line 13A is for modifications citing the changes clause, 52.243-1 and is unilateral.

    Line 13B is for unilateral administrative changes, such as a change to a  line of accounting.

    Line 13C is for bilateral mods, changes with the mutual agreement of the parties

    Line 13D are other modifications based on an authority other than the changes clause. An example would be a termination notice, citing FAR 52.249-8.

    Your question mentions a novation modification citing the changes clause on line 13D. As stated above, that is not correct. FAR Subpart 42.12 describes novation and change of name agreements.  Novations are not covered by change order clauses. They are  a bilateral modification that requires mutual agreement of both parties, and should have been cited on line 13C.

    Look at the language at FAR 42.1203(a).  "If a contractor wishes the Government to recognize a successor in interest to its contracts or a name change, the contractor must submit a written request to the responsible contracting officer.  The contracting officer and the contractor have to agree on the change and impact of the change for it to take effect.  Therefore, it is a supplemental agreement, or a bilateral mod.   Please review the entire FAR Subpart 42.12 - Novation and Change-of-Name Agreements for context and clarification.    

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