50.103-3 Contract adjustment
Source: FAR 50.103-3 on acquisition.gov
Contractors must submit detailed, certified requests with full disclosures when seeking contract adjustments, especially for amounts above the simplified acquisition threshold.
Overview
FAR 50.103-3 outlines the procedures and requirements for contractors seeking contract adjustments under extraordinary contractual actions. Contractors must submit a detailed, duplicate request to the contracting officer, including a precise statement of the adjustment sought, a chronological narrative of essential facts, conclusions referencing relevant FAR considerations, and disclosures about contract status, payment, assignment, and related requests. For adjustments exceeding the simplified acquisition threshold, the request must be accompanied by a certification from an authorized individual attesting to the good faith of the request and the accuracy and completeness of supporting data. This process ensures transparency, accountability, and proper documentation for contract adjustments.
Key Rules
- Submission Requirements
- Contractors must submit adjustment requests in duplicate, detailing the adjustment, facts, conclusions, and relevant disclosures.
- Certification for Larger Adjustments
- For requests above the simplified acquisition threshold, a certification of good faith and data accuracy by an authorized person is required.
Responsibilities
- Contracting Officers: Review and process adjustment requests, ensuring all required information and certifications are provided.
- Contractors: Prepare and submit comprehensive, certified requests with all required disclosures and supporting data.
- Agencies: Oversee compliance with submission and certification requirements, and maintain proper records.
Practical Implications
- This section ensures that contract adjustment requests are well-documented and justified, reducing the risk of improper or unsupported claims.
- Contractors must be diligent in preparing requests and certifications, as incomplete or inaccurate submissions can delay or jeopardize adjustments.
- Common pitfalls include missing certifications, incomplete narratives, or failure to disclose related requests or assignments.
(a) Contractor requests. A contractor seeking a contract adjustment shall submit a request in duplicate to the contracting officer or an authorized representative. The request, normally a letter, shall state as a minimum-
(1) The precise adjustment requested;
(2) The essential facts, summarized chronologically in narrative form;
(3) The contractor’s conclusions based on these facts, showing, in terms of the considerations set forth in 50.103-1 and 50.103-2, when the contractor considers itself entitled to the adjustment; and
(4) Whether or not-
(i) All obligations under the contracts involved have been discharged;
(ii) Final payment under the contracts involved has been made;
(iii) Any proceeds from the request will be subject to assignment or other transfer, and to whom; and
(iv) The contractor has sought the same, or a similar or related, adjustment from the Government Accountability Office or any other part of the Government, or anticipates doing so.
(b) Contractor certification. A contractor seeking a contract adjustment that exceeds the simplified acquisition threshold shall, at the time the request is submitted, submit a certification by a person authorized to certify the request on behalf of the contractor that-
(1) The request is made in good faith; and
(2) The supporting data are accurate and complete to the best of that person’s knowledge and belief.