C.F.R. » Title 48 » CHAPTER 2—DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE › SUBCHAPTER G—CONTRACT MANAGEMENT › PART 243—CONTRACT MODIFICATIONS › Subpart 243.2—Change Orders

48 C.F.R. § 243.204-71

243.204-71 Certification of requests for equitable adjustment.

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(a) A request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold may not be paid unless the contract certifies the request in accordance with the clause at 252.243-7002.

(b) To determine if the dollar threshold for requiring certification is met, add together the absolute value of each cost increase and each cost decrease. See PGI 243.204-71(b) for an example.

(c) The certification required by 10 U.S.C. 3862(a), as implemented in the clause at 252.243-7002, is different from the certification required by 41 U.S.C. 7103, Disputes. If the contractor has certified a request for equitable adjustment in accordance with 10 U.S.C. 3862(a), and desires to convert the request to a claim under the Contract Disputes statute, the contractor shall certify the claim in accordance with FAR subpart 33.2.

[62 FR 37147, July 11, 1997, as amended at 63 FR 11541, Mar. 9, 1998; 70 FR 67922, Nov. 9, 2005; 76 FR 58137, Sept. 20, 2011; 76 FR 76320, Dec. 7, 2011; 77 FR 35881, June 15, 2012; 87 FR 76996, Dec. 16, 2022]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2012–2022 · leading case: Zafer Construction Company v. United States
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Zafer Construction Company v. United States (2022) cafc “Appx204; see 48 C.F.R. § 243.204-71 (c) (“The certification required by 10 U.”
Agility Defense & Government Services, Inc. v. United States (2012) uscfc “48 CFR 243.204-71(c). Here, Agility concedes that it “inadvertently failed to include the certification required by 41 U.”
— 48 C.F.R. § 243.204-71(c) — 1 case
Agility Defense & Government Services, Inc. v. United States (2012) uscfc “48 CFR 243.204-71(c). Here, Agility concedes that it “inadvertently failed to include the certification required by 41 U.”
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