Contract Not Affected by Oral Agreement
Only written modifications by the Contracting Officer or authorized representative can change a transportation contract—oral agreements have no effect.
Overview
FAR 52.247-27 establishes that oral statements or agreements made by any person have no effect on the terms, conditions, or specifications of a government contract for transportation or transportation-related services. Only written modifications executed by the Contracting Officer or an authorized representative are valid and enforceable. This clause is designed to prevent misunderstandings or disputes arising from informal or verbal communications and ensures that all changes to the contract are properly documented and authorized.
Key Rules
- No Oral Modifications
- Oral statements or agreements cannot change the contract in any way.
- Written Modifications Only
- Only written changes made by the Contracting Officer or an authorized representative are valid.
Responsibilities
- Contracting Officers: Must ensure all contract modifications are in writing and properly authorized.
- Contractors: Must not rely on or act upon any oral statements regarding contract changes; only written modifications are binding.
- Agencies: Should enforce the requirement for written modifications and educate personnel on the risks of oral agreements.
Practical Implications
- This clause protects both parties by requiring a clear, documented record of any contract changes.
- Contractors should always request written confirmation of any proposed changes before taking action.
- Common pitfalls include acting on verbal instructions, which can lead to noncompliance or disputes.