# DLAD PART 43 – CONTRACT MODIFICATIONS

- SUBPART 43.1 – GENERAL

- 43.102-90 Policy.

- 43.103 Types of contract modifications.
- 43.104 Notification of contract changes.

PART 43 – CONTRACT MODIFICATIONS

(Revised December 20, 2013 through PROCLTR 2014-53)

TABLE OF CONTENTS

SUBPART 43.1 – GENERAL

43.102 Policy.

43.103 Types of contract modifications.

SUBPART 43.1 – GENERAL

43.102-90 Policy.

(a) Only a warranted DLA contracting officer (CO) has the authority to modify DLA procurement actions, which include contracts, purchase orders, blanket purchase agreements, as well as task and delivery orders. That authority shall not be delegated.

(b) Ordering officers may issue task order modifications providing the modification to the order doesn’t change the terms and conditions of the contract or exceed their ordering officer dollar amount limit (task order and modification values combined).

(c) See 17.74 when issuing a UCA.

43.103 Types of contract modifications.

(a) Bilateral.

(S-90) Delivery schedule extension - modifications.

(1) When a delivery schedule has to be extended for monetary consideration due to contractor-caused delay, decide on the form of consideration that is most acceptable under the circumstances. The most appropriate form of consideration is a monetary adjustment to the contractual total. When this is so, the contracting specialist for all DLA procuring organizations except DLA Energy may use the following guidance.

(2) For supply contracts other than for direct vendor delivery or base support, contracting officers at DLA procuring organizations are encouraged to use the calculation provided at the Joint Lessons Learned Information System (JLLIS) website under “Consideration of Calculation.” The “Consideration of Calculation” formula (provided and updated by DLA-DORRA) found on this website should be used as a guid in determining the amount of consideration to assess the contractor for a contractor-requested delivery extension/delay. Access the JLLIS website via the following URL: https://www.jllis.mil/apps/?do=cops.view%copid=909.

(3) Going to this web address will force you to create a JLLIS account, if you don’t already have one. This is a very quick and easy process for all DLA employees. Once your account is established, the link will take you to the “Time to Award Team (TTAT) Community of Practice,” and there you will see the “Consideration of Calulation” folder, which holds the most recent “Consideration of Calculation” Word file.

(4) It is important to note that, whether or not the post-award acquisition specialist chooses to use the guidance at 43.103(a) or another method for determining an appropriate amount of consideration, when the post-award acquisition specialist is unable to obtain agreement with the contractor on a reasonable (vice a token) consideration amount, the Government is not obligated to accept a lesser amount merely for the sake of reaching that agreement and restoring the contractor to a “current status.”

(S-91) Modifications for waivers and deviations are discussed at 46.407(f).

43.104 Notification of contract changes.