C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER H—CLAUSES AND FORMS › PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES › Subpart 52.2—Text of Provisions and Clauses

48 C.F.R. § 52.243-4

52.243-4 Changes.

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

Changes (JUN 2007)

(a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes—

(1) In the specifications (including drawings and designs);

(2) In the method or manner of performance of the work;

(3) In the Government-furnished property or services; or

(4) Directing acceleration in the performance of the work.

(b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating (1) the date, circumstances, and source of the order and (2) that the Contractor regards the order as a change order.

(c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.

(d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications.

(e) The Contractor must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of proposal, unless this period is extended by the Government. The statement of proposal for adjustment may be included in the notice under paragraph (b) above.

(f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract.

(End of clause) [48 FR 42478, Sept. 19, 1983, as amended at 52 FR 30079, Aug. 12, 1987; 72 FR 27389, May 15, 2007]
Notes of Decisions
Cited in 43 cases (3 in the last 5 years), 1992–2025 · leading case: bell/heery v. United States
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bell/heery v. United States (2014) cafc · cites it 7× “” 48 C.F.R. § 52.243-4 (a). The Changes clause further states that, for any such ordered change that “causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any part of the work under [the] contract,” the Contracting Officer…”
Bell Bci Co. v. United States (2009) cafc · cites it 3× “The contract included language from the Federal Acquisition Regulations (“FAR”), 48 C.F.R. § 52.243-4 (d), which expressly allows for equitable adjustment: If any change under this clause causes an increase or decrease in the Contractor’s cost of, or the time required for, the…”
K-Con Building Systems, Inc. v. United States (2015) cafc · cites it 2× “48 C.F.R. § 52.243-4 (Aug.1987); see J.A.”
George Sollitt Construction Co. v. United States (2005) uscfc · cites it 3× “243-4 (d) (1994), the government is liable when changes to contract work increased the contractor’s costs: If any change under this clause causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any part of the work under this…”
Comtrol, Inc. v. United States (2002) cafc “236-3 (1994), and the standard changes clause, 48 C.F.R. § 52.243-4 (1994). Paragraph 1.”
United States Ex Rel. Bettis v. Odebrecht Contractors of California, Inc. (2005) cadc “During the course of construction, Odebrecht requested and received a number of “equitable adjustments” to the contract price. Equitable adjustments are used to keep a contractor whole when the Government modifies the contract or, under some Government contracts, for changed…”
Meridian Engineering Company v. United States (2015) uscfc · cites it 3× “at 75 (citing 48 C.F.R. § 52.243-4 (d) 36 and 48 C.F.R.”
Lakeshore Engineering Services, Inc. v. United States (2014) cafc “2007); see 48 C.F.R. §§ 52.243-4 , 252.243-7002. Lake-shore’s claim is not based on any such government modification; the claim that prices rose during the term of the contract does not entitle Lakeshore to equitable adjustment under the FAR provision.”
Morrison Knudsen Corp. v. Ground Improvement Techniques, Inc. (2008) ca10 “See 48 C.F.R. § 52.243-4 . The clause provides that a "written or oral order .”
Morrison Knudsen Corp. v. Fireman's Fund Insurance (1999) ca10 “See 48 C.F.R. § 52.243-4 . The clause provides that MK may, "by written order designated .”
Sauer Incorporated v. Richard J. Danzig, Secretary of the Navy (2000) cafc “The changes clause in the RIF Contract provides for an equitable adjustment if any change “causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed.”
Kentucky Bridge & Dam, Inc. v. United States (1998) uscfc · cites it 2× “F-66, 48 C.F.R. § 52.243-4 , titled “Changes,” which states: CHANGES (AUG 1987) (a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope…”
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— 48 C.F.R. § 52.243-4(d) — 1 case
Meridian Engineering Company v. United States (2016) uscfc
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