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  • Question

    In order to prepare for these reviews, can you provide examples and/or guidance to ensure that we ask the critical questions up front to a contractor before accepting a request? For example, per FAR 50.103-1, the agency has to make a judgment of all facts of this case to determine whether appropriate action will facilitate the national defense. And, my understanding of FAR 50.103-2(a) requires determining that the contractor is 1) essential to the national defense, AND 2) that the actual or threatened loss on the contract is impairing the contractor’s “productive ability.” Can you provide examples of the type of information contractors should include in their request to substantiate these points?


    Answer

    The contractor is going to determine if they think they are entitled to an adjustment based on the current economic conditions. They may send a letter to the contracting officer stating such determination.  However, their formal request will have to include at a minimum the information prescribed in FAR 50.103-4-3(a).  This reference also states that this request will be sent “in duplicate to the contracting officer”, the contracting officer is not the final approval authority on these requests.  See FAR 50.102-1 Delegation of Authority.

    It is difficult to come up with examples of questions to ask as they will be dependent on the type of contract action and any nuances that may be involved.

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