50.103-5 Processing cases
Source: FAR 50.103-5 on acquisition.gov
FAR 50.103-5 requires thorough investigation, interagency coordination, and confirmation of funding and national defense essentiality before approving contract adjustment requests.
Overview
FAR 50.103-5 outlines the procedures for processing contractor requests for contract adjustments under extraordinary contractual actions. It details the investigative steps contracting officers must take, coordination requirements among agencies, and protocols for handling cases involving multiple agencies or the need for additional funds. The section also addresses the process for determining national defense essentiality when amendments without consideration are requested, ensuring that all relevant facts and interagency advice are obtained before decisions are made.
Key Rules
- Thorough Investigation
- Contracting officers must conduct a comprehensive investigation, gathering all necessary facts, evidence, and, if needed, audits to support decision-making on contractor requests.
- Interagency Coordination
- When more than one agency is involved, agencies must maintain communication and consider joint action.
- Additional Funding Protocols
- Approval of adjustment requests requiring funds from another agency cannot proceed until confirmation of fund availability is received, with specific information provided in the request.
- National Defense Essentiality
- For amendments without consideration involving another agency, advice on national defense essentiality must be obtained before final action is taken.
Responsibilities
- Contracting Officers: Must thoroughly investigate requests, coordinate with other agencies, and ensure all required information and advice are obtained before making decisions.
- Contractors: Must provide necessary facts, evidence, and cooperate with investigations.
- Agencies: Must communicate, provide funding advice, and offer input on national defense essentiality as required.
Practical Implications
- This section ensures that contract adjustment requests are handled with due diligence, transparency, and proper interagency coordination, minimizing risk and ensuring compliance with statutory requirements. Contractors should be prepared to supply detailed information and cooperate fully, while agencies must ensure all procedural steps are followed to avoid delays or improper approvals.
(a) In response to a contractor request made in accordance with 50.103-3(a), the contracting officer or an authorized representative shall make a thorough investigation to establish the facts necessary to decide a given case. Facts and evidence, including signed statements of material facts within the knowledge of individuals when documentary evidence is lacking, and audits if considered necessary to establish financial or cost facts, shall be obtained from contractor and Government personnel.
(b) When a case involves matters of interest to more than one Government agency, the interested agencies should maintain liaison with each other to determine whether joint action should be taken.
(c) When additional funds are required from another agency, the contracting agency may not approve adjustment requests before receiving advice that the funds will be available. The request for this advice shall give the contractor’s name, the contract number, the amount of proposed relief, a brief description of the contract, and the accounting classification or fund citation. If the other agency makes additional funds available, the agency considering the adjustment request shall be solely responsible for any action taken on the request.
(d) When essentiality to the national defense is an issue (50.103-2(a)(1)), agencies considering requests for amendment without consideration involving another agency shall obtain advice on the issue from the other agency before making the final decision. When this advice is received, the agency considering the request for amendment without consideration shall be responsible for taking whatever action is appropriate.