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    Does the FAR allow us to insert a moral code or standard of conduct within a PWS so that a person’s personal conduct may be cause for dismissal.


    If this is a FAR-based contract, and not a memo of agreement or understanding, then the typical contract analysis would apply. Look to the contract terms and conditions that are placed upon the service provider. Rarely can clauses and conditions be added after the fact to proscribe a provider's behavior. If a FAR-based contract is to be modified, absent mutual agreement, then the contract modification process must be followed and a contractor may file a claim if they disagree with the modification. Likewise, if the ultimate conclusion is to terminate the contract, then the termination clauses must be followed.

    Finally, the circumstances surrounding this matter may impact relationships beyond the local contracting parties. For example Department of the Air Force Instruction 52-105, CHAPLAIN CORPS RESOURCING, 21 December 2020, paragraph 1.2, cautions that AF/HC will develop guidance for the administration and management of statutory direct mission requirements with appropriated funds (APF) and indirect support requirements with Chapel Tithes and Offerings Funds (CTOF) at wing and garrison or lower level ministries. Other services have similar direction. We recommend that the contracting officer and local senior chaplain contract their next higher-level chaplaincy for their insights before any action is taken.

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