5343.102-90 Contract Scope Considerations

Contracting officers shall document scope determinations when modifying contracts (see the Scope Determination – MFR template). New work requires competition unless one of the seven exceptions to competition found in FAR 6.302 applies. When determining whether proposed modifications constitute new work the following should be considered-

(a) the extent of any changes in the type of work, performance period, and costs between the modification and the original contract;

(b) whether the original solicitation adequately advised offerors of the potential for the change or the change was the type that reasonably could have been anticipated; and

(c) whether the modification materially changes the field of competition for the requirement.

For unilateral modifications authorized by clauses other than the Changes clause (e.g., Property clause, Options clause, Suspension of Work, etc. (see FAR 43.103(b)(3)), a scope determination is not required to be documented but is highly encouraged.