WFLHD Construction Contract Administration_FY 23 V2.pdf
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This document is a Federal Highway Administration (FHWA) compliance report on construction contract change order administration procedures and performance data.
FHWA reports that it currently has no agency-specific additional policies and procedures beyond FAR requirements for definitizing equitable adjustments on construction contract change orders. The document provides three-year historical performance data (FY 2021-2023) on the time required to definitize change order proposals after receipt of adequate documentation. The data shows variable performance across the three-year period: in FY 2021, 9 change orders were definitized with most (5) taking 91-180 days and 2 taking 366+ days; in FY 2022, 2 change orders were definitized with 1 taking 91-180 days; in FY 2023, 13 change orders were definitized with the majority distributed across 31-60 days (3), 61-90 days (3), 91-180 days (4), and 181-365 days (3). No change orders were definitized after contract completion in any fiscal year. The document indicates FHWA's procedures follow FAR 52.243-4 for change order modifications and FAR 36.211 requirements for transparent reporting of definitization timelines.
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WFLHD Construction Contract Administration
FAR 36.211 requires a description of the Federal Highway Administration’s (FHWA) procedures that apply to definitization of equitable adjustments for change orders under construction contracts. It also requires that FWHA furnish data on the agency’s past performance, for the prior 3 fiscal years, regarding the time required to definitize equitable adjustments for change orders under construction contracts.
Change orders as defined in FAR 2.101 are changes to the contract work pursuant to FAR 52.243-4, Changes.
There are no agency-specific additional policies and procedures that exist at this time.
The table below contains data regarding the definitization of equitable adjustments for change orders under construction contracts by fiscal year (FY).
Time to definitize after receipt of an adequate change order definitization proposal under construction contracts
Number of change order proposals definitized under construction contracts
FY 2021 FY 2022 FY 2023
0 to 30 days 1 1 0 31 to 60 days 1 0 3 61 to 90 days 0 0 3 91 to 180 days 5 1 4 181 to 365 days 0 0 3 366 or more days 2 0 0 After completion of contract performance via a contract modification addressing all undefinitized equitable adjustments received during contract performance
0 0 0 https://www.acquisition.gov/far/part-52#FAR_52_243_4
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