Obtaining contractor acceptance and modifying purchase orders
Always ensure written acceptance is obtained when required and that all purchase order modifications are clearly documented and identified.
Overview
FAR 13.302-3 outlines the procedures for obtaining contractor acceptance of purchase orders and for modifying those orders. Its primary purpose is to ensure that both parties have a clear, binding agreement before performance begins and that any changes to the order are properly documented and accepted when necessary.
Key Rules
- Written Acceptance Before Performance
- If a binding contract is needed before the contractor starts work, the contracting officer must obtain written acceptance of the purchase order from the contractor.
- Purchase Order Modifications
- Every modification to a purchase order must clearly identify the original order and include a unique modification number.
- Written Acceptance of Modifications
- Written acceptance of a modification by the contractor is only required if the contracting officer deems it necessary for compliance or if agency regulations mandate it.
Responsibilities
- Contracting Officers: Must determine when written acceptance is necessary, ensure modifications are properly identified and numbered, and comply with agency-specific requirements.
- Contractors: Must provide written acceptance when required and comply with modified terms as applicable.
- Agencies: May impose additional requirements for written acceptance of modifications.
Practical Implications
This section ensures clarity and enforceability in purchase order agreements and modifications. It helps prevent disputes by requiring clear documentation and acceptance when needed. Common pitfalls include failing to obtain required written acceptance or improperly documenting modifications, which can lead to compliance issues or unenforceable agreements.