Solicitation notice regarding administration of change orders for construction
Solicitations for construction contracts must inform offerors about the process for definitizing equitable adjustments for change orders, as required by FAR 36.211.
Overview
FAR 19.502-11 directs contracting professionals to FAR 36.211 for requirements related to providing notice to offerors about the administration and definitization of equitable adjustments for change orders in construction contracts. This section ensures that offerors are informed, during the solicitation phase, about how change orders and their associated equitable adjustments will be handled, promoting transparency and timely resolution of contract modifications.
Key Rules
- Notice Requirement
- Solicitations for construction contracts must include a notice to offerors regarding the process for definitizing equitable adjustments for change orders, as outlined in FAR 36.211.
- Reference to FAR 36.211
- Contracting officers must follow the detailed procedures in FAR 36.211 to ensure compliance with notification and adjustment requirements.
Responsibilities
- Contracting Officers: Must include the required notice in construction solicitations and follow FAR 36.211 procedures for change order administration.
- Contractors: Should review solicitation notices to understand the process for equitable adjustments and prepare for compliance during contract performance.
- Agencies: Must oversee that solicitations and contracts adhere to these requirements to ensure fair and timely change order administration.
Practical Implications
- This section exists to ensure offerors are aware of how change orders and equitable adjustments will be managed, reducing disputes and delays.
- It impacts daily contracting by requiring clear communication in solicitations and adherence to established procedures for change order adjustments.
- Common pitfalls include failing to include the required notice or misunderstanding the definitization process, which can lead to contract disputes or compliance issues.