CONTRACT MODIFICATIONS Director of Procurement National Security Agency Fort Meade, Maryland 20755 Defense Mapping Agency Defense Civil Preparedness Agency Washington, D. C. 20301 Within 30 days after receipt of such notice, the Department or NASA may submit comments to the cognizant ACO, which comments shall be considered prior to execution of the proposed agreement. The absence of comment from a Department within 30 days after its receipt of notice of a proposed novation agreement shall be construed as approval by that Department. (b) Where substantial alterations or additions to the formats set forth in 26-402(c) and 26-403(b) are considered appropriate by the cognizant ACO processing the proposed agreement, coordination will be made with the appropriate addressees listed above involved prior to execution. Any objection shall be resolved before the agreement is executed. If, for any reason, NASA indicates a desire to consummate a separate agreement with the contractor, the cognizant ACO shall continue to process the agreement only for the Departments and Defense agencies concerned. (c) Executed novation agreements or change of name agreements shall be distributed by the cognizant ACO as follows: (a). (1) The original signed copy shall be retained by the ACO. (2) The duplicate signed copy shall be forwarded to the contractor. (3) Two copies of the agreement to the appropriate addressees listed in (d) After execution and distribution of an agreement, an administrative change (Standard Form 30) shall be prepared by the cognizant ACO incorporating a summary of the agreement and attaching thereto a complete list of contracts affected. (NASA contracts shall not be included in this list since NASA will issue its own administrative change.) A total of two copies of the administrative change, with the list of contracts affected, shall be furnished to the appropriate addressee(s) listed in (a) above. Each list need contain only those contracts issued by purchasing offices of the addressee. In addition, the cognizant ACO shall distribute a single copy of the administrative change (Standard Form 30) to each purchasing office which executed contracts affected by the change of name agreement or novation agreement. A list of the contracts executed by the addressee and affected by the administrative change will be attached to the Standard Form 30. When the ACO responsible for the corporate office is the cognizant 26-404 ARMED SERVICES PROCUREMENT REGULATION CONTRACT MODIFICATIONS ACO, one copy will be distributed to each CAO responsible for contract administration at a plant or division. The CAO will, in turn, reproduce and distribute copies for each of its affected contracts. Each purchasing office will reproduce the necessary number of copies of the administrative change and will make distribution as determined necessary by that office. Reproduction and distribution of copies for CAOs will be accomplished by the ACO who executed the administrative change. (e) Novation and change of name agreements amending contracts and basic agreements for storage and related services for personal property of military and civilian personnel shall be forwarded to the appropriate Military Traffic Management and Terminal Service area activity set forth below for execution without regard to the provisions of (a), (b) and (d) above. Commander Eastern Area Military Traffic Management and Terminal Service Brooklyn, New York 11250 Commander Western Area Military Traffic Management and Terminal Service ATTN: PPS Oakland, California 94626 26-404 ARMED SERVICES PROCUREMENT REGULATION CONTRACT MODIFICATIONS 26-501 General. Part 5-Modifications to Letter Contracts (a) Modifications to letter contracts shall be accomplished under the same policies and procedures as those applicable to definitive contracts. (b) Bilateral modifications (supplemental agreements) issued prior to definitizing a letter contract may be processed in the same manner as the letter contract i.e., the PCO may sign prior to the contractor. (c) For definitization of letter contracts and modifications thereto, see 3-408(e). 26-501 ARMED SERVICES PROCUREMENT REGULATION CONTRACT MODIFICATIONS Part 6-Issuance of Shipping Instructions 26-601 Authority for Issuance. Initial shipping instructions not included in the basic contract and amended shipping instructions shall be issued pursuant to the Changes clause in accordance with 19-204. shall: 26-602 Contract Administration Activities. Contract administration activities (i) cause release of shipments from contractor's plants according to existing shipping instructions, including shipping instructions furnished in accordance with 19–204(a)(2). When applicable, the order of assigned priority shall be followed; shipments within the same priority shall be determined by date of the instruction. (ii) obtain contractor proposals for any contract price adjustments resulting from amended shipping instructions. ACOs shall review all amended shipping instructions on a periodic, consolidated basis to assure that adjustments are timely made. Except when the ACO has settlement authority, the ACO shall forward the proposal to the PCO for contract modification. The ACO shall not delay shipments pending completion and formalization of negotiations of revised shipping instructions. 26-602 ARMED SERVICES PROCUREMENT REGULATION 26:18 CONTRACT MODIFICATIONS Part 7-Other Modifications 26-700 Scope of Part. Except for construction contracts, this Part sets forth the policy and procedures for modifications authorized by contract provisions other than a Changes clause. 26-701 Use. Modifications within the scope of this Part include those issued pursuant to a contract provision (e.g., provisioning requirements, a GovernmentFurnished Property clause, an Inspection clause, an Option clause, or a termination clause). 26-702 Preparation. (a) General. When the removal, reinstatement, or addition of funds is involved, modification pursuant to this Part shall contain, in addition to the information specified on Standard Form 30 (Amendment of Solicitation | Modification of Contract), the following: (i) the total dollar amount of funds to be removed from or added to the contract; (ii) the reason for adjustment; (iii) the contract items and accounting classifications; and (iv) a reference to the basis for, or authority to deobligate excess funds. (b) Notice of Termination for Convenience of the Government. SF 30 shall be used as the initial or confirming notice, and shall include the information outlined in 8-801.2, appropriately modified as required. If the termination is partial, the line items and quantities affected by the termination shall be identified to the extent practicable. If the termination is complete, line item identification may be omitted, since the contract is considered to be physically completed upon issuance of a notice of complete termination. (See S2-301.1). The same modification number and effective date shall be assigned to the initial and confirming modification. (c) Notice of Termination for Default. SF 30 shall include all information outlined in 8-602.3(d), including the statement that the modification constitutes a decision of the contracting officer from which the contractor has the right of appeal pursuant to the Disputes clause, if the contracting officer has determined that failure to perform was not excusable. If the notice does not include the decision of the contracting officer, the decision, when made, shall be issued in letter form pursuant to 8-602.3(g). (d) Amendment to Termination Notice. Each amendment to a termination notice, including rescission of the termination, reinstatement of items or quantities previously terminated, or termination of additional items or quantities, shall be issued on SF 30. (e) Conversion of Default Termination to Convenience. If a termination for default is subsequently converted to a termination for convenience of the Government, either by a decision of the contracting officer or by a decision of ASBCA on an appeal filed by the contractor, the converted designation shall be reflected on SF 30. The effective date of the termination for default shall be indicated in the modification as the effective date of the convenience termination. 26-702 ARMED SERVICES PROCUREMENT REGULATION |