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    What clause can be used to authorize the additional efforts, but efforts that are part of the general scope? KO is stating the FAR and DFARS are very specific of what can be authorized under O&A and/or the Changes clause. The FAR clause does state: “If the requirement is for services, other than architect-engineer or other professional services, and no supplies are to be furnished, substitute the following paragraph (a) for paragraph (a) of the basic clause: (a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following: (1) Description of services to be performed.” Can our additional efforts be included under “Description of services to be performed”? To me that could be interpreted to “add” scope that was not previously negotiated.


    As you mentioned, the FAR does state that the changes clause can be used in the circumstances you identified which may make it an appropriate authority to use. However, since I don't know all the specifics to your contract and your KO does, it seems based on your scenario that the KO has determined that it is not appropriate or there is a more appropriate authority.

    FAR 1.602-1(b) states that the KO is responsible for ensuring "that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met." FAR 1.602-2 further states "in order to perform these responsibilities, contracting officers should be allowed wide latitude to exercise business judgment." Unless the authority the KO is proposing to use is not allowed by law, executive order or regulations and/or they have not obtained all the clearances and approvals required, based on the scenario you provided and without knowing all the specifics, I am left to make some assumptions. If the KO has met the requirements of FAR 1.602 that I mentioned above, then the KO is permitted to make the decision of which authority to use and should document the file appropriately. If they have not than I would recommend discussing the issues with them.

    Hopefully this answer helps clarify some of the responsibilities of the KO.

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