43.301 Use of forms
Source: FAR 43.301 on acquisition.gov
Always use Standard Form 30 (SF 30) for most contract modifications and amendments, and never disclose estimated price changes on copies provided to contractors.
Overview
FAR 43.301 outlines the required forms for processing contract modifications and amendments in federal contracting. It specifies when to use Standard Form 30 (SF 30) for various types of contract changes, including amendments to solicitations, change orders, unilateral modifications, administrative changes, supplemental agreements, and funding adjustments. The section also allows for the use of SF 30 in certain other scenarios, such as economic price adjustments for petroleum contracts, termination notices, and specific purchase order modifications. Additionally, it prohibits showing estimated price changes on SF 30 copies provided to contractors if a price change is anticipated. For continuation sheets, the regulation permits the use of Optional Form 336 (OF 336) or a blank sheet of paper. This section ensures consistency and compliance in the documentation of contract modifications across federal agencies.
Key Rules
- Use of SF 30
- SF 30 is mandatory for most contract modifications, amendments, and administrative changes, except as otherwise specified.
- Permissive Use of SF 30
- SF 30 may also be used for economic price adjustments (petroleum), termination notices, and certain purchase order modifications.
- Disclosure of Price Changes
- Estimated price changes must not be shown on SF 30 copies given to contractors if a price change is anticipated.
- Continuation Sheets
- OF 336 or a blank sheet may be used as a continuation sheet for modifications.
Responsibilities
- Contracting Officers: Must use the correct forms for contract modifications, ensure compliance with disclosure rules, and maintain proper documentation.
- Contractors: Should review all modifications and ensure they are issued on the correct forms.
- Agencies: Must oversee form usage and ensure adherence to FAR requirements for contract modifications.
Practical Implications
- This section standardizes the documentation process for contract modifications, reducing errors and ensuring legal sufficiency.
- Using the correct forms is critical for enforceability and audit readiness.
- Common pitfalls include using the wrong form or disclosing estimated price changes improperly, which can lead to compliance issues.
(a)
(1) The https://www.gsa.gov/forms-library/amendment-solicitationmodification-contract" target="_blank">Standard Form 30 (https://www.gsa.gov/forms-library/amendment-solicitationmodification-contract" target="_blank">SF 30), Amendment of Solicitation/Modification of Contract, shall (except for the options stated in 43.301(a)(2) or actions processed under part 15) be used for-
(i) Any amendment to a solicitation;
(ii) Change orders issued under the Changes clause of the contract;
(iii) Any other unilateral contract modification issued under a contract clause authorizing such modification without the consent of the contractor;
(iv) Administrative changes such as the correction of typographical mistakes, changes in the paying office, and changes in accounting and appropriation data;
(v) Supplemental agreements (see 43.103); and
(vi) Removal, reinstatement, or addition of funds to a contract.
(2) The https://www.gsa.gov/forms-library/amendment-solicitationmodification-contract" target="_blank">SF 30 may be used for-
(i) Modifications that change the price of contracts for the acquisition of petroleum as a result of economic price adjustment;
(ii) Termination notices; and
(iii) Purchase order modifications as specified in 13.302-3.
(3) If it is anticipated that a change will result in a price change, the estimated amount of the price change shall not be shown on copies of https://www.gsa.gov/forms-library/amendment-solicitationmodification-contract" target="_blank">SF 30 furnished to the contractor.
(b) The https://www.gsa.gov/forms-library/continuation-sheet" target="_blank">Optional Form 336 (https://www.gsa.gov/forms-library/continuation-sheet" target="_blank">OF 336), Continuation Sheet, or a blank sheet of paper, may be used as a continuation sheet for a contract modification.