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GSAM

GSAM

Change Number: Change 178 GSAR Case 2020-G511
Effective Date: 03/25/2024

Part 543 - Contract Modifications

Part 543 - Contract Modifications

Subpart 543.1 - General

543.102 Policy.

(a) In accordance with the Federal Information and Technology Acquisition Reform Act (FITARA) (Pub L. No. 113-291), the contracting officer must ensure any modification that makes substantial changes to the scope of a contract or order for GSA information technology that is inconsistent with the approved acquisition plan receives approval from the GSA Chief Information Officer (CIO). See section 511.170 for any necessary GSA IT Standards Profile approvals. For interagency acquisitions, the requesting agency is responsible for CIO coordination and approval for any modifications that make substantial changes to the scope of a contract or order.

543.170 Changes in designated subcontractors, inspection and/or production points.

(a) Before executing a contract modification authorizing changes in either a designated subcontractor or inspection or production point, the contracting officer must consider the impact of the change on the contractor’s ability to satisfy contract requirements. Employ the same standards that were used to determine that the contractor was responsible (see FAR 9.1 and GSAM 509.1).

(b)  The modification must identify the nature of the change and the effective date. In establishing an effective date, consider the time necessary for affected offices to take required actions.

543.171 Changes in commercial supplier agreements.

(a)  Commercial supplier agreements must be modified if the updated terms are material as defined in 552.212-4(w)(1)(iv) or 552.232-78(a)(6).

(b)  When authorizing a contract modification to update commercial supplier agreement terms, the contracting officer must consider the impact to the Government's rights and negotiate the terms if necessary.

(c)  The contracting officer is responsible for maintaining a current copy of the commercial supplier agreement in the contract file.

Subpart 543.2 - Change Orders

543.204 Administration.

(a)Documentation. For construction contracts, the Contracting Officer or appropriate agent shall complete GSA Form 2437 for all modifications, except unilateral administrative changes pursuant to FAR 43.103(b)(1). This form shall be completed promptly prior to the Contracting Officer issuance of a contract modification, including price to be determined later change orders.

(b)Data. For construction contracts, data regarding the definitization of equitable adjustments for change orders can be found at https://www.gsa.gov/constructioncontractadmin.

543.205 Contract clause.

Insert the clause at 552.243-71, Equitable Adjustments, in solicitations and contracts that include any of the following FAR clauses: 52.243-4, 52.243-5, or 52.236-2.