48 C.F.R. § 52.243-1

52.243-1 Changes—Fixed-Price.

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As prescribed in 43.205(a)(1), insert the following clause. The 30-day period may be varied according to agency procedures.

Changes—Fixed-Price (AUG 1987)

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(2) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications.

(2) Method of shipment or packing.

(3) Place of delivery.

(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(d) If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

(End of clause)

Alternate I (APR 1984). If the requirement is for services, other than architect-engineer or other professional services, and no supplies are to be furnished, substitute the following paragraph (a) for paragraph (a) of the basic clause:

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) Description of services to be performed.

(2) Time of performance (i.e., hours of the day, days of the week, etc.).

(3) Place of performance of the services.

Alternate II (APR 1984). If the requirement is for services (other than architect-engineer services, transportation, or research and development) and supplies are to be furnished, substitute the following paragraph (a) for paragraph (a) of the basic clause:

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) Description of services to be performed.

(2) Time of performance (i.e., hours of the day, days of the week, etc.).

(3) Place of performance of the services.

(4) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications.

(5) Method of shipment or packing of supplies.

(6) Place of delivery.

Alternate III (APR 1984). If the requirement is for architect-engineer or other professional services, substitute the following paragraph (a) for paragraph (a) of the basic clause and add the following paragraph (f):

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in the services to be performed.

(f) No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written authorization of the Contracting Officer.

Alternate IV (APR 1984). If the requirement is for transportation services, substitute the following paragraph (a) for paragraph (a) of the basic clause:

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) Specifications.

(2) Work or services.

(3) Place of origin.

(4) Place of delivery.

(5) Tonnage to be shipped.

(6) Amount of Government-furnished property.

Alternate V (APR 1984). If the requirement is for research and development and it is desired to include the clause, substitute the following subparagraphs (a)(1) and (a)(3) and paragraph (b) for subparagraphs (a)(1) and (a)(3) and paragraph (b) of the basic clause:

(a)(1) Drawings, designs, or specifications.

(3) Place of inspection, delivery, or acceptance.

(b) If any such change causes an increase or decrease in the cost of, or time required for, performing this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in (1) the contract price, the time of performance, or both; and (2) other affected terms of the contract, and shall modify the contract accordingly.

[48 FR 42478, Sept. 19, 1983, as amended at 52 FR 30079, Aug. 12, 1987; 54 FR 48995, Nov. 28, 1989; 83 FR 42576, Aug. 22, 2018]

Notes of Decisions

Cited in 22 cases (1 in the last 5 years), 1993–2024 · leading case: Electric Boat Corporation v. Secretary of the Navy

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Electric Boat Corporation v. Secretary of the Navy (2020) cafc · cites it 2× “The Contract incorporates by reference the standard Changes Clause under 48 C.F.R. §§ 52.243-1 , -2. J.A. 335, 344.”

Bgt Holdings LLC v. United States (2020) cafc · cites it 2× “The contract incorporates the standard FAR changes clause for fixed-price contracts, 48 C.F.R. § 52.243-1 . The fixed-price changes clause covers the Navy’s modifications to the method of shipment, the method of packing, the place of delivery, and the “[d]rawings, designs, or…”

James M. Ellett Construction Company, Inc. v. United States (1996) cafc “43081 , 93-1 BCA ¶ 25,512 at 127,054, 1992 WL 302847 (1992); see also 48 C.F.R. § 52.243-1 (1995) (“Changes-Fixed Price” clause).”

Northrop Grumman Corp. v. United States (2001) uscfc “48 C.F.R. § 52.243-1 (2000) (Changes — Fixed Price); 48 C.”

Becho, Inc. v. United States (2000) uscfc “” 48 C.F.R. § 52.243-1 . On January 31, 1997, Fernando Aguilar, a civil engineer with the Walla Walla District of the Corps, was designated COR on the subject contract.”

Sufi Network Services, Inc. v. United States (2014) cafc “243-1 provision, 48 C.F.R. § 52.243-1 , but only overhead (not profits) for work that was compensable as damages for breach.”

Starflight Boats v. United States (2001) uscfc “” 48 C.F.R. § 52.243-1 (emphasis added). Plaintiff has not offered any evidence that Mr.”

United States v. Hirani Eng'g & Land Surveying, P.C. (2018) cadc “" 48 C.F.R. § 52.243-1 ; see also Subcontract 4.”

Donald H. Rumsfeld, Secretary of Defense v. Applied Companies, Inc. (2002) cafc “243-l(b), 48 C.F.R. § 52.243-1 (b), or to the recovery of the costs it had incurred plus a reasonable profit, as contemplated by the Termination for Convenience Clause, see FAR 52.”

Orlando Helicopter Airways v. United States (1996) ca11 “48 C.F.R. §§ 52.243-1 , 52.243-7 (1994). 3 .”

LB&B Associates Inc. v. United States (2010) uscfc “48 C.F.R. § 52.243-1 (2009). A constructive change requires that the contractor undertake extra work not previously contemplated under a contract; work that cannot be characterized as additional work does not constitute a constructive change.”

Green Management Corp. v. United States (1998) uscfc “The changes clause in the contract between the instant parties, “Changes — Fixed-Price (August 1987), Alternate I,” 48 C.F.R. § 52.243-1 (1987), provides that the contracting officer may make changes within the general scope of the contract.”

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