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  • Question

    Should adding the DFARS Clause be a separate bi-lateral modification?


    Answer

    FAR 43.103 outlines the types of changes that can be accommodated by bilateral changes and unilateral changes. Adding a DFARS clause that is normally included in the solicitation and in the resulting original contract falls in the category at FAR 43.103(a)(3), Reflect other agreements of the parties modifying the terms of contracts. It is beyond a simple "administrative change," which would justify a unilateral modification. So yes, this DFARS clause should be added via bilateral modification. 

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