PGI Part 250 -

EXTRAORDINARYCONTRACTUAL ACTIONS

PGI 250.1 -EXTRAORDINARY CONTRACTUAL ACTIONS

PGI 250.101 General.

PGI 250.101-3 Records.

PGI 250.103 Contract adjustments.

PGI 250.103-5 Processing cases.

PGI 250.103-6 Disposition.

PGI 250.3 Reserved

Parent topic: PGI Defense Federal Acquisition Regulation

PGI 250.1 -EXTRAORDINARY CONTRACTUAL ACTIONS

PGI 250.101 General.

PGI 250.101-3 Records.

(1) Departments and agencies shall-

(i) Prepare a preliminary record when a request for a contract adjustment under FAR 50.103 is filed

(see DFARS 250.103-5(1)).

(ii) Prepare a final record stating the disposition of the request (see PGI 250.103-6).

(iii) Designate the offices or officials responsible for preparing, submitting, and receiving all records

required by DFARS Subpart 250.1. Records shall be maintained by the contract adjustment boards

of the Army, Navy, and Air Force, respectively, and by the headquarters of the defense agencies.

(2) A suggested format for the record is the Record of Request for Adjustment shown at the end of

this section. This format permits the information required for the preliminary and final records to be

combined on one form. The following instructions are provided for those items in the format that are

not self-explanatory:

(i) Extent of performance as of date of request. State the degree of completion of the contract; e.g.,

50 percent completed or performance not yet begun. If work is completed, state the date of

completion and whether final payment has been made.

(ii) Award procedure. State whether the contract was awarded under sealed bidding or negotiated

procedures. Cite the specific authority for using other than full and open competition, if applicable,

e.g., 10 U.S.C. 3204(a).
(iii) Type of contract. State the type of contract (see FAR Part 16); e.g., FFP (firm-fixed-price).

(iv) Category of case. State whether the request involves a modification without consideration, a

mistake, or an informal commitment. If the case involves more than one category, identify both; list

the most significant category first.

(v) Amount or description of request. If the request is expressed in dollars, state the amount and

whether it is an increase or decrease. If the request cannot be expressed in monetary terms, provide

a brief description; e.g., "Cancellation" or "Modification." Even if the adjustment is not easily

expressed in terms of dollars, if the contractor has made an estimate in the request, that estimate

should be stated.

(vi) Action below Secretarial level. State the disposition of the case, the office that took the action

and the date the action was taken. The disposition should be stated as "Withdrawn," "Denied,"

"Approved," or "Forwarded." If the request was approved, in whole or in part, state the dollar

amount or nature of the action (as explained in paragraph (2)(v) of this section). The date should

correspond with the date of the memorandum of decision or of the letter forwarding the request to

the contract adjustment board or other deciding body.

(vii) Action by contract adjustment board and date. State the disposition and date of disposition of

the case by the contract adjustment board. Provide the same information as for paragraph (2)(vi) of

this section.

(viii) Implementation and date. State the appropriate action; e.g., "Modification," "New Contract," or

"Letter of Denial."

□ PRELIMINARY

RECORD OF

REQUEST FOR ADJUSTMENT

PUBLIC LAW 85-804

FINAL □

DATE OF

REQUEST

DATE RECEIVED

BY

GOVERNMENT

CONTRACTOR'S NAME AND ADDRESS

□ SMALL BUSINESS

NAME AND ADDRESS OF CONTRACTOR'S REPRESENTATIVE, IF ANY

COGNIZANT CONTRACTING

OFFICER OR OFFICE PROCURING ACTIVITY

PROPERTY OR SERVICE

INVOLVED

EXTENT OF PERFORMANCE AS OF DATE OF

REQUEST
CONTRACT NUMBER DATE

ADVERTISED

OR

NEGOTIATED

TYPE OF CONTRACT

CATEGORY OF CASE AMOUNT OF DESCRIPTION OF REQUEST

ACTION BELOW SECRETARIAL LEVEL DATE

ACTION BY CAB DATE

IMPLEMENTATION DATE

ADDITIONAL DATA OR REMARKS

DATE THIS RECORD SIGNED SIGNATURE

PGI 250.103 Contract adjustments.

PGI 250.103-5 Processing cases.

(1) The officer or official responsible for the case shall forward to the contract adjustment board,

through departmental channels, two copies of the following:

(i) A letter stating—

(A) The nature of the case;

(B) The basis for the board's authority to act;

(C) The findings of fact essential to the case (see FAR 50.103-4). Arrange the findings

chronologically with cross-references to supporting enclosures;

(D) The conclusions drawn;

(E) The recommended disposition; and

(F) If contractual action is recommended, a statement by the signer that the action will facilitate the

national defense.

(ii) The contractor's request.
(iii) All evidentiary materials.

(iv) All endorsements, reports and comments of cognizant Government officials.

(2) A letter to the Board recommending an amendment without consideration where essentiality is a

factor (see FAR 50.103-2(a)(1)) should also provide—

(i) The information required by FAR 50.103-4(a) and (b), and

(ii) Findings as to—

(A) The contractor's performance record, including the quality of product, rate of production, and

promptness of deliveries;

(B) The importance to the Government, particularly to the active duty military, of the performance of

the contract and the importance of the contractor to the national defense;

(C) The forecast of future contracts with the contractor; and

(D) Other available sources of supply for the supplies or services covered by the contract, and the

time and cost of having contract performance completed by such other sources.

PGI 250.103-6 Disposition.

(1) When the request for relief is denied or approved below the Secretarial level, submit the

following documents to the appropriate office within 30 days after the close of the month in which

the decision is executed:

(i) Two copies of the memorandum of decision.

(ii) Except for the Army, one copy of the contractual document implementing any decision approving

contractual action.

(iii) One copy of a final record, as described at PGI 250.101-3 .

(2) When a contract adjustment board decision is implemented, the activity that forwarded the case

to the board shall prepare and submit to the board the documents identified in paragraphs (1)(ii)

and (iii) of this section.

PGI 250.3 Reserved