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  • Question

    In the scenario described, what is the correct authority to issue a modification to increase the NTE amount on a FFP line item on a Non-commercial services contract, for services that are clearly within scope of the PWS?


    Answer

    This will be answered with the information provided, because in each instance there could be details about this modification that are not stated. 

     

    First, it was great you mentioned the modification was within scope, because only in-scope changes are covered by FAR 52.243-1 (the Changes Clause).  In this instance the Contracting Officer has to determine if the requested change actually falls under Description of services being performed.  If it does then 52.243-1 Alt I would be the correct citation.  If it does not fall under Description of services being performed then of course it can't be used. 

     

    Although not specifically about your question this  GAO case might be interesting to you. 

    https://www.gao.gov/assets/b-420065.pdf

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