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section43.107

Contract clause

Overview

This section provides guidance on the discretionary use of FAR clause 52.243-7, Notification of Changes, which requires contractors to notify the Government when they perceive a change has occurred. It establishes the preferred contract types and dollar thresholds for including this specific risk-management provision.

Key Rules

  • Prescription: Contracting officers have the discretion to insert clause 52.243-7, or one substantially similar, in solicitations and contracts.
  • Primary Use Cases: The clause is intended primarily for negotiated research and development (R&D) or supply contracts involving major weapon systems or principal subsystems.
  • Dollar Threshold: The clause is generally prohibited in contracts valued at less than $1,000,000.
  • Exception to Threshold: The $1,000,000 threshold may be waived if the contracting officer anticipates "constructive changes"—situations where a contractor might allege the Government changed the scope of work through actions other than a formal, signed written order.

Practical Implications

  • This clause serves as a safeguard against "scope creep" and unauthorized changes by forcing the contractor to provide formal notice before proceeding with work they believe is outside the original contract.
  • In high-complexity R&D environments, it ensures that communication regarding technical direction does not inadvertently result in costly, un-funded legal claims for constructive changes.

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