JULY 2005
SOLICITATION FOR OFFERS
OUTPATIENT CLINIC
SFO NO. V101-183R-xxx-xxx-xx
[INSERT LOCATION OF FACILITY]
3.8 CONTRACT CHANGES:
At any time, the Contracting Officer may make changes within the scope of the lease by a written order
pursuant to the Changes Clause set forth in Paragraph 33 of GSA Form 3517B, attached hereto and made
a part hereof, and provisions as set forth below.
The clauses entitled "Changes" in FAR 52.243-4 and "Differing Site Conditions" in FAR 52.236-2 will be
supplemented with the following two clauses. The clause in Paragraph 3.8.1 below will apply to negotiated
changes exceeding 0,000 and does not provide ceiling rates for indirect expenses. Such expenses will
be included as part of the submission of certified cost and pricing data, and will be negotiated by the
Contracting Officer and audited in accordance with Department of Veterans Affairs Acquisition Regulation
(VAAR) 815.805-5. (A copy of this provision is available upon request.) When the negotiated change will
be less than 0,000, the clause specified in Paragraph 3.8.2 below will apply. Certificates of current
cost and pricing data shall accompany proposals over 0,000 and not exceeding 0,000. If cost and
pricing data are required by FAR for proposals of 0,000 or less, the Contracting Officer may require
that it be certified in accordance with FAR 15.403-4(a)(2). It must be emphasized that the indirect cost
rates are ceiling rates only, and the Contracting Officer will negotiate the indirect expense rates within the
ceiling limitations. The clauses are a result of an approved FAR deviation pursuant to Subpart 801.4.
3.8.1
APPLICABLE TO CHANGES COSTING OVER 0,000:
3.8.1.1 PROPOSALS FOR CHANGES:
When requested by the Contracting Officer, the contractor shall submit proposals for changes in work to
the Contracting Officer or the Contracting Officer's designee. Proposals, to be submitted within 30
calendar days after receipt of request, shall be in legible form, original and two copies. The contractor
shall provide cost or pricing data in accordance with the instructions in Table 15-2 of FAR 15-403-5 in the
format indicated for "Modifications" //or other format acceptable to the Contracting Officer//. Proposals
shall consist of an itemized breakdown that includes material quantities, unit prices, labor costs (separated
into trades), construction equipment, etc. (Labor costs are to be identified with specific material placed or
operation performed.) The contractor shall execute a Certificate of Current Cost or Pricing Data in
accordance with FAR 15-406-2. The contractor must obtain and furnish with each proposal an itemized
breakdown and certificate as described above, signed by each subcontractor participating in the change
regardless to tier.
3.8.1.2 TENTATIVE PRICING:
When the necessity to proceed with a change does not allow sufficient time to negotiate a modification or
because of failure to reach an agreement, the Contracting Officer may issue a change order instructing the
contractor to proceed on the basis of a tentative price based on the best estimate available at the time,
with the firm price to be determined later. Furthermore, when the change order is issued, the contractor
shall submit a proposal for cost of changes in work within 30 calendar days.
3.8.1.3 SETTLEMENT BY DETERMINATION:
The Contracting Officer will consider issuing a settlement by determination to the contract, if the
contractor's proposal required by Paragraphs 3.8.1.1 and 3.8.1.2 of this clause is not received within 30
calendar days or if agreement has not been reached.
3.8.2 APPLICABLE TO CHANGES COSTING 0,000 OR LESS:
Editing Note: Refer to Part IX for a Sample Certificate
of Current Cost or Pricing Data.
3.8.2.1 PROPOSALS FOR CHANGES:
When requested by the Contracting Officer, the contractor shall submit proposals for changes in work to
the Contracting Officer or designee. Proposals, to be submitted within 30 calendar days after receipt of
Part I: Basic Solicitation Requirements Page 25 of 169
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