WFLHD Construction Contract Administration_FY 23 V2.pdf
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This document is a Federal Highway Administration (FHWA) report on construction contract administration procedures for change order equitable adjustments, required under FAR 36.211.
FHWA reports that it currently has no agency-specific additional policies and procedures beyond standard federal regulations for definitizing equitable adjustments on change orders under construction contracts. The document provides past performance data covering three fiscal years (FY 2021, FY 2022, and FY 2023) regarding the time required to definitize change order proposals after receipt of adequate proposals. During this period, FHWA definitized 9 change orders in FY 2021, 2 in FY 2022, and 13 in FY 2023. The majority of definitizations fell within the 91-to-180-day timeframe across all three years (5, 1, and 4 respectively). In FY 2023, FHWA definitized 3 proposals within 31-to-60 days, 3 within 61-to-90 days, and 3 within 181-to-365 days. Only 2 change orders in FY 2021 required more than 366 days for definitization. No change orders were carried over to contract completion requiring modification to address undefinitized equitable adjustments in any of the three fiscal years.
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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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