FAR 42.401—Contract correspondence.
Plain-English Summary
FAR 42.401 addresses how contract-related correspondence must flow between the contracting officer, the cognizant contract administration office (CAO), and the contractor when the matter concerns assigned contract administration functions. It covers the normal routing of correspondence through the CAO, the requirement to provide a copy for the CAO’s file, the exception for urgent situations where direct communication with the contractor is necessary, and the requirement to send a concurrent copy to the CAO in those urgent cases. It also requires the CAO to share pertinent correspondence with the contracting office when the CAO communicates with the contractor. The purpose is to keep contract administration coordinated, preserve a complete administrative record, avoid conflicting directions to the contractor, and ensure the contracting office and CAO stay informed about actions affecting contract performance and administration. In practice, this section is about communication discipline: who sends what, through which office, and who must be copied so that contract administration remains consistent and documented.
Key Rules
Route through the CAO
For correspondence relating to assigned contract administration functions, the contracting officer or other contracting agency personnel normally must send the communication through the cognizant contract administration office to the contractor. This establishes the CAO as the coordination point for administration matters.
Provide CAO a file copy
The sender must also provide a copy of the correspondence for the CAO’s file. This ensures the CAO has a complete record of administrative communications affecting the contract.
Urgent direct contact allowed
If urgency requires direct transmission to the contractor, the correspondence may be sent directly instead of through the CAO. This is an exception, not the normal method, and should be used only when time-sensitive circumstances justify bypassing the usual routing.
Copy the CAO concurrently
When direct urgent correspondence is sent to the contractor, a copy must be sent at the same time to the CAO. This preserves visibility and prevents the CAO from being left out of critical administrative communications.
CAO shares pertinent correspondence
The CAO must send the contracting office a copy of pertinent correspondence exchanged between the CAO and the contractor. This keeps the contracting office informed of significant administrative actions, issues, and responses.
Responsibilities
Contracting Officer / Other Contracting Agency Personnel
Normally route correspondence relating to assigned contract administration functions through the cognizant CAO to the contractor, and provide a copy for the CAO’s file. If urgency requires direct communication with the contractor, send the correspondence directly but concurrently provide a copy to the CAO.
Cognizant Contract Administration Office (CAO)
Receive routed correspondence for contractor transmission, maintain the CAO file copy, and send the contracting office copies of pertinent correspondence between the CAO and the contractor.
Contracting Office
Receive pertinent correspondence from the CAO so it remains informed of administrative communications affecting the contract and can coordinate any needed contracting actions.
Contractor
Receive correspondence through the normal administrative channel or directly in urgent cases, and respond through the appropriate channel as directed by the communication structure.
Practical Implications
This rule is mainly about avoiding fragmented communication. If multiple government offices send separate instructions without coordination, the contractor may receive inconsistent direction or miss important context.
The CAO should not be treated as optional for routine administration matters. Skipping the CAO can create recordkeeping gaps and weaken coordination between administration and contracting functions.
Urgent direct communication is permitted, but it does not eliminate the copy requirement. A common mistake is sending a time-sensitive message directly to the contractor and forgetting to notify the CAO at the same time.
The phrase "pertinent correspondence" means the CAO should exercise judgment about what the contracting office needs to see, but significant administrative issues, disputes, performance concerns, and other material communications should be shared.
Good file discipline matters. Copies to the CAO and the contracting office help create a complete contract record, support later decisions, and reduce the risk of disputes over who knew what and when.
Official Regulatory Text
(a) The contracting officer (or other contracting agency personnel) normally shall (1) forward correspondence relating to assigned contract administration functions through the cognizant contract administration office (CAO) to the contractor, and (2) provide a copy for the CAO’s file. When urgency requires sending such correspondence directly to the contractor, a copy shall be sent concurrently to the CAO. (b) The CAO shall send the contracting office a copy of pertinent correspondence conducted between the CAO and the contractor.