Operating Status
FULLY OPERATIONAL
OPERATING STATUS
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.
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