WFLHD Construction Contract Administration_FY 23 V2.pdf
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WFLHD Construction Contract Administration
This document is a Federal Highway Administration (FHWA) compliance report on construction contract change order definitization procedures and performance data required under FAR 36.211. The FHWA reports that it currently maintains no agency-specific additional policies and procedures beyond federal requirements for definitizing equitable adjustments for change orders, which are governed by FAR 52.243-4.
The report provides historical data on FHWA's change order definitization performance across three fiscal years (FY 2021-2023). Over the three-year period, the FHWA definitized 13 change order proposals in FY 2021, 2 in FY 2022, and 13 in FY 2023. The majority of definitizations occurred within 91 to 180 days (5, 1, and 4 proposals respectively by fiscal year), with some proposals taking 181 to 365 days (FY 2023 only) and up to 366 or more days (FY 2021 only). A small number of proposals were definitized within 30 days (1 each in FY 2021 and FY 2022, 0 in FY 2023) and 31 to 60 days (1 in FY 2021, 0 in FY 2022, 3 in FY 2023). No undefinitized equitable adjustments were carried over after contract performance completion in any year.
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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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