What FAR authority should be used for increasing the quantity of services or de-obligating services? Is 52.216-18 "Ordering" appropriate? If so, can you confirm this is a unilateral authority. Please note that the DAU Contract Modification tool advises to check Block 13 B. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.dau.edu/tools/Lists/DAUTools/Attachments/320/Contract%20Modification%20Authority%20Decision%20Help%20Guide.pdf But the scope of FAR Part 43 states this part does not apply to orders:
43.000 Scope of part.
This part prescribes policies and procedures for preparing and processing contract modifications for all types of contracts including construction and architect-engineer contracts. It does not apply to-
(a) Orders for supplies or services not otherwise changing the terms of contracts or agreements (e.g., delivery orders under indefinite-delivery contracts); or
Furthermore, its my understanding that FAR Part 43 does not apply to Commercial items.... otherwise stated, an authority not included in the contract cannot be cited as the authority. Please correct me if I am misunderstanding this.
Open full Question Details
You are correct that FAR part 43 does not apply to commercial items (although parts may be used for informational purposes). FAR 52.212-4(c) is clear that any changes to terms and conditions require agreement (bilateral modification) of the parties. You also say the contractor is obliged to perform when modifying task orders for commercial services. This is not true if the Government changes a term or condition of the contract. However, 52.212-4(l) and (m) provide the contracting with authority to terminate or partially terminate the contract. If you want to de-obligate services, follow the guidance at FAR 12.403 (and 13.302-4 as applicable). Increasing the quantity of services must be accomplished via bilateral modification.