Supplemental Agreement

If the government wishes to procure work outside the scope of the original contract, it must either issue a new solicitation or, if authorized, enter into a supplemental agreement with the contractor. A supplemental agreement is a bilateral change order to a contract where the parties agree that specified additional work will be accomplished in return for a specified consideration, normally additional money and/or time.

Unless and until there is a binding modification/supplemental agreement, reflected by the execution of a Standard Form 30 (SF 30), to which both parties have agreed, in writing, there cannot be a binding modification of a contract. FAR sec. 43.101, sec. 43.103(a)(3), sec. 43.301(a)(1); Sigma Constr., Inc. v. United States, 113 Fed. Cl. 13, 18 (2013) (citing Mil-Spec Contractors, Inc. v. United States, 835 F.2d 865 (Fed. Cir. 1987)).

Updated: August 8, 2018