50.103-4
Facts and evidence
Contractors seeking extraordinary contract adjustments must provide comprehensive, detailed evidence tailored to the specific type of request to enable proper evaluation by the contracting officer.
Overview
FAR 50.103-4 outlines the types of facts and evidence contractors must provide to support requests for contract adjustments under extraordinary contractual actions. The section details specific documentation and information requirements depending on the nature of the request, such as amendments without consideration, correction of mistakes, or formalizing informal commitments. The goal is to ensure that contracting officers have sufficient, relevant, and credible information to evaluate the contractor’s request and make informed decisions.
Key Rules
- General Evidence Requirements
- Contractors must provide detailed contract descriptions, performance history, payment records, monetary analyses, supporting evidence, financial statements, and lists of knowledgeable personnel for any request.
- Amendments Without Consideration (Essentiality a Factor)
- Additional financial breakdowns, profit/loss estimates, tax information, and efforts to secure commercial funding may be required when national defense essentiality is involved.
- Amendments Without Consideration (Government Action)
- Contractors must clearly identify the Government action causing loss and provide detailed loss analyses.
- Correction of Mistakes
- Contractors must document the nature of the mistake, timing of discovery, and provide profit/loss and cost impact analyses.
- Formalizing Informal Commitments
- Contractors must submit evidence of instructions or assurances, reliance, cost breakdowns, and impracticability of formal contracting.
Responsibilities
- Contracting Officers: Must request and review all relevant facts and evidence to support contractor requests for contract adjustments.
- Contractors: Must compile and submit comprehensive, accurate, and timely documentation as specified for the type of request.
- Agencies: Ensure oversight and that all required evidence is collected and evaluated before making decisions on contract adjustments.
Practical Implications
- This section ensures transparency and accountability in extraordinary contract adjustments.
- Contractors must be prepared to provide extensive documentation, which can be time-consuming and resource-intensive.
- Incomplete or inadequate submissions can delay or jeopardize requests for relief, making thorough preparation critical.