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  • Question

    Should Engineering Change Proposals (ECPs), totaling hundreds of millions of dollars in costs, be used to improve/modernize an existing major weapon system? Does regulatory guidance exist containing purpose, parameters, and boundaries for ECP use?


    Answer

    Both the requirements of the Competition in Contracting Act and FAR Part 6 would need to be met. The general rule is that if the expansion of the project outside of what a reasonable offeror would have contemplated when preparing their original proposal then it is a cardinal change and not allowed.

    However, there are a lot of "Ifs" with a great deal of room for interpretation. Strongly suggest conferring with the contracting commands legal office for a determination as to legality.

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