48 C.F.R. § 43.301

43.301 Use of forms.

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(a)(1) The Standard Form 30 (SF 30), Amendment of Solicitation/Modification of Contract, exclusive of actions processed under part 15, shall (except for the options stated in 43.301(a)(2) or actions processed under part 15) be used for—

(i) Any amendment to a solicitation;

(ii) Change orders issued under the Changes clause of the contract;

(iii) Any other unilateral contract modification issued under a contract clause authorizing such modification without the consent of the contractor;

(iv) Administrative changes such as the correction of typographical mistakes, changes in the paying office, and changes in accounting and appropriation data;

(v) Supplemental agreements (see 43.103); and

(vi) Removal, reinstatement, or addition of funds to a contract.

(2) The SF 30 may be used for (i) modifications that change the price of contracts for the acquisition of petroleum as a result of economic price adjustment, (ii) termination notices, and (iii) purchase order modifications as specified in 13.302-3.

(3) If it is anticipated that a change will result in a price change, the estimated amount of the price change shall not be shown on copies of SF 30 furnished to the contractor.

(b) The Optional Form 336 (OF 336), Continuation Sheet, or a blank sheet of paper, may be used as a continuation sheet for a contract modification.

[48 FR 42386, Sept. 19, 1983, as amended at 50 FR 26903, June 28, 1985; 51 FR 27120, July 29, 1986; 62 FR 51259, Sept. 30, 1997; 62 FR 64926, Dec. 9, 1997]

Notes of Decisions

Cited in 4 cases, 1991–2013 · leading case: Solar Turbines, Inc. v. United States, 23 Cl. Ct. 142 (Ct. Cl. 1991).

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Solar Turbines, Inc. v. United States, 23 Cl. Ct. 142 (Ct. Cl. 1991). “48 C.F.R. § 43.301 (1989) provides, in pertinent part: (a)(1) The Standard Form 30 (SF 30), Amendment of Solicitation/Modification of Contract, shall [with inapplicable exceptions] be used for— ****** (v) Supplemental agreements (see 43.”

Texas Instruments Inc. v. The United States, 922 F.2d 810 (Fed. Cir. 1991). “Second, the particular regulation relied upon in Mil-Spec, 48 C.F.R. § 43.301 (1986), was not in force at the time of the instant procurement dispute.”

Sigma Constr., Inc. v. United States, 113 Fed. Cl. 13 (Fed. Cl. 2013). “agreements of the parties modifying the terms of contracts.”

Sperient Corp., Inc. v. United States, 113 Fed. Cl. 13 (Fed. Cl. 2013). “” 48 C.F.R. § 43.301 (a)(1)(v). 9 The United States Court of Appeals for the Federal Circuit has recognized that these provisions of the FAR “require that a modification of a contract be in writing and executed by both parties.”

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