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  • Question

    If a contract modification is required to correct an error in DODAAC located in the delivery information section of an awarded contract, would this be an "administrative change," with applicable authority under FAR Subpart 43.103 (b)? OR would I have to execute the modification using 52.212-4(c) - changes for commercial items (thus requiring a bilateral modification)? Any guidance you have to support your position will also be most useful! Thank you, Khristina


    Answer

    Before we can answer your question we must define DODAAC. DODAAC stands for the Department of Defense Activity Address Code (DoDAAC) and it is a six position code that uniquely identifies a unit, activity, or organization that has the authority to requisition and/or receive material.

    In your question, you stated that an error had been made in the DODAAC located in Section F (Delivery or Performance) of the contract. If the error is apparent to both parties and is administrative in nature (a Type "O", misspelling, etc.) then an administrative correction to this error can be made via a unilateral modification. Per FAR 43.103(b)(1), a unilateral contract modification to make an administrative change only needs to be signed by the contracting officer. FAR Clause 52.212-4(c) pertains to commercial items and states that changes in terms and conditions may be made only by written agreement by both parties. Based on the limited information you provided, 52.212-4(c) which would normally apply would not in this instance since you are not changing a contractual term and condition but instead correcting an administrative error.

    As we do not have all of the facts particular to your contract, program, and situation, we highly recommend that you consult with your contracting officer and Legal Office for guidance.

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