FAR 43.000—Scope of part.
Plain-English Summary
FAR 43.000 defines the scope of FAR Part 43, which is the government’s framework for preparing and processing contract modifications. It makes clear that the part applies broadly to all types of contracts, including construction contracts and architect-engineer contracts, so users should expect the modification rules in Part 43 to govern changes to contract terms, scope, price, schedule, or other contractual provisions. At the same time, it draws two important boundaries: it does not cover orders for supplies or services that do not otherwise change the terms of the underlying contract or agreement, such as delivery orders under indefinite-delivery contracts, and it does not cover modifications for extraordinary contractual relief, which are handled under FAR subpart 50.1. In practice, this section tells contracting officers and contractors where to look when a change is being made and, just as importantly, when Part 43 is not the right authority. That distinction matters because the legal effect, documentation, approval path, and procedural requirements can differ significantly depending on whether the action is a true contract modification, a routine order, or an extraordinary relief action.
Key Rules
Part 43 governs modifications
This part sets the policies and procedures for preparing and processing contract modifications. It is the primary FAR authority for changes to contract terms across contract types.
Applies to all contract types
The scope includes all types of contracts, expressly including construction and architect-engineer contracts. Users should not assume those contract types are excluded from the general modification rules.
Routine orders are excluded
Orders for supplies or services that do not otherwise change the terms of the contract or agreement are outside this part. The text gives delivery orders under indefinite-delivery contracts as an example.
No coverage for extraordinary relief
Modifications for extraordinary contractual relief are excluded from Part 43 and are instead addressed in FAR subpart 50.1. Those actions follow a different legal and procedural framework.
Focus is on changing contract terms
The key dividing line is whether the action changes the underlying contract or agreement. If it does, Part 43 is generally the relevant framework; if it merely places an order without changing terms, it is not.
Responsibilities
Contracting Officer
Determine whether a proposed action is a contract modification covered by FAR Part 43 or an excluded order or extraordinary relief action. Use the correct authority and processing procedures for the action being taken.
Contractor
Recognize when a government action is a true modification affecting contract terms and respond accordingly. Do not assume every order or direction is governed by Part 43, and verify the applicable authority before treating it as a modification.
Agency
Apply Part 43 procedures consistently for modifications across contract types, including construction and architect-engineer contracts. Ensure personnel distinguish between modifications, routine orders, and extraordinary relief actions.
Practical Implications
This section is mainly a gateway provision: it tells you when to use Part 43 and when to look elsewhere. Misclassifying an action can lead to using the wrong documentation, approval, or negotiation process.
Contracting officers should check whether an action changes the underlying contract terms. If it does not, especially in the case of delivery orders under an IDIQ or similar vehicle, Part 43 may not apply.
Contractors should be careful not to treat every order as a bilateral or unilateral modification. The legal effect of an order depends on the contract structure and whether the order changes existing terms.
Extraordinary contractual relief is a separate subject and should not be processed as an ordinary modification. Mixing the two can create authority and compliance problems.
Because the part applies to construction and architect-engineer contracts, users in those areas should not assume special contract types are exempt from the general modification framework.
Official Regulatory Text
This part prescribes policies and procedures for preparing and processing contract modifications for all types of contracts including construction and architect-engineer contracts. It does not apply to- (a) Orders for supplies or services not otherwise changing the terms of contracts or agreements ( e.g., delivery orders under indefinite-delivery contracts); or (b) Modifications for extraordinary contractual relief (see subpart 50.1 ).