2.20 Contract Modifications

Construction Management Representative (CMR) -

• Identify potential changes through discussions with COR, contractor, suppliers, designers, park staff, and other appropriate sources
• Research potential change to determine if change qualifies as a modification and gain concurrence from the COR
• Draft Request for Proposal (RFP)
  (attach required sketches, specifications and related information) and forward to the COR for review; with contracting officer’s concurrence, issue RFP to contractor. Track RFP status with RFP log.
• Prepare government estimate on Form CM-5 and justification for each change item on the justification template letter. Forward to COR for review.
• Utilize A/E designer, as needed, for assistance in pricing unique, highly technical, or complex materials or equipment. Coordinate use and authorization with COR.
• Analyze contractor's price proposal and prepare pre-negotiation position (CM-54); forward contractor's proposal and pre-negotiation position (CM-54) to COR for review
• Arrange time and meeting place to negotiate change
• Assist in negotiations with the contractor. Prepare and sign Record of Negotiation letter at the conclusion of negotiations and forward to COR
• Prepare and forward modification package to COR. Make sure the COR has the following:
  • Form CM3, Fund clearance checklist
  • Draft modification Form CM-4 (attach required sketches, specifications and related attachments)
• Include the following backup: CO directives, Request for Proposal, government estimate, Pre-Negotiation Position, Record of Negotiation, contractor’s proposal, and justification letter.

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Guidelines:

• 2.20A Corp of Engineers (Click on link for "View Pamphlet" for appropriate region, pricing information found in Chapter 2) construction equipment ownership and operating expense schedule
• 2.20B DSC-06, Pricing of Adjustments (Feb 03')

Templates:

• 2.20C Justification template letter
• 2.20D Form CM-3, Fund Clearance/Checklist
• 2.20E Form CM-5, Estimate
• 2.20F Request for Price Proposal letter
• 2.20G RFP log
• 2.20H Form CM-54, Pre-Negotiation Position
• 2.20I Form CM-4, Draft Modification
• 2.20J Record of Negotiation Letter

Samples:

• 2.20K Final Modification
• 2.20L Fund Clearance/Checklist (CM-3)
• 2.20M Justification Letter
• 2.20N Draft Modification (CM-4)
• 2.20O Pre-negotiation Position (CM-54)
• 2.20P Record of Negotiation
• 2.20Q Spec section attachment

CMR -

• Prepare Draft CO Directive letter. Include scope of work, justification for change, cost estimate, and forward information to COR
• Upon receipt of a Contracting Officer's Directive, contractor starts work on contract change and, as soon as possible, provides the CMR with a cost proposal for the additional work, including any time extensions. (For conversion to bilateral agreement, see Modifications.)

Guidelines:

• 2.21A DSC-SOP use of CO Directives

Templates:

• 2.21B Contracting Officer's Directive letter
• 2.21C COD Justification Template

Samples:

• 2.21D Sample Justification memo

Document Control:

• Original Contracting Officer's Directive letter to contractor, with copies to Regional Director, Park Superintendent, Project Manager,
  Construction COR, CMR, and contract files

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CMR -

• Review VECP for the minimum information required in contract clause entitled "Value Engineering - Construction," FAR 52.248-3
• Notify COR that VECP has all required elements and forward
  information to COR
• If essential elements are missing from proposal, draft rejection letter for COR signature

Guidelines:

• 2.22A FAR 52.248-3, Value Engineering - Construction
• 2.22B VECP Routing and processing flowchart