50.103-5
Processing cases
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.