Attch_1_-_Sample_TDL.docx

Technical Direction

(A) Performance of the work under this contract/task order shall be subject to the technical direction of the Contracting Officer’s Representative (COR). The term “technical direction” is defined to include, without limitation:

1. Providing direction to the Contractor that redirects contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, and fill in details to accomplish the requirements identified in the PWS.

1. Providing written information to the Contractor that assists in interpreting drawings, specifications, or technical portions of the work description.

1. Reviewing and, where required by the contract, approving, technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the Government.

2. Technical direction must be within the scope of work stated in the contract. Neither the COR nor his alternate have the authority to, and may not, issue any technical direction that:

1. Constitutes an assignment of additional work outside the PWS;

1. Constitutes a change as defined in the contract clause entitled “Changes;”

1. In any manner causes an increase or decrease in the total estimated contract cost, the fee (if any),or the time required for contract performance;

1. Changes any of the expressed terms, conditions or specifications of the contract; or interferes with the Contractor’s right to perform the terms and conditions of the contract.

2. All technical direction shall be issued in writing (sample attached) by the COR or his alternate.

2. The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or TDL falls within one of the categories defined in (B)(1) through (B)(4) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must:

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2. Advise the Contractor in writing within thirty (30) days after receipt of the Contractor’s letter that the technical direction is within the scope of the contract effort and does not constitute a change under the Change clauses of the contract;

1. Advise the Contractor in writing within a reasonable time that the Government will issue a written change order; or

1. Advise the Contractor in writing within a reasonable time not to proceed with the instruction or TDL.

1. A failure of the Contractor and Contracting Officer either to agree that the TDL is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled “Disputes.”

2. The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or TDL falls within one of the categories defined in (B)(1) through (B)(4) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must:

2. Advise the Contractor in writing within thirty (30) days after receipt of the Contractor’s letter that the technical direction is within the scope of the contract effort and does not constitute a change under the Change clauses of the contract;

1. Advise the Contractor in writing within a reasonable time that the Government will issue a written change order; or

1. Advise the Contractor in writing within a reasonable time not to proceed with the instruction or TDL.

1. A failure of the Contractor and Contracting Officer either to agree that the TDL is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled “Disputes.”

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SAMPLE TECHNICAL DIRECTION LETTER FORMAT

Approving Officials:

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