Extraordinary Contractual Action Requests - FAR Sections Affected: 50.103-3, 50.103-4, 50.104-3 and 52.250-1

This clearance covers the information that contractors must submit to comply with the following FAR requirements: a. FAR 50.103-3, Contract Adjustment. This section specifies the minimum information that a contractor must include when seeking a contract adjustment that would facilitate the national defense, as set forth in Public Law 85-804. The request, normally a letter, shall state as a minimum - (1) The precise adjustment requested; (2) The essential facts, summarized chronologically in narrative form; (3) The contractor's conclusions based on these facts, showing, in terms of the considerations set forth in FAR 50.103-1 and 50.103-2, when the contractor considers itself entitled to the adjustment; and (4) Whether or not - (i) All obligations under the contracts involved have been discharged; (ii) Final payment under the contracts involved has been made; (iii) Any proceeds from the request will be subject to assignment or other transfer, and to whom; and (iv) The contractor has sought the same, or a similar or related, adjustment from the Government Accountability Office or any other part of the Government, or anticipates doing so. If the request exceeds the simplified acquisition threshold, the contractor must certify that the request is made in good faith and the data are accurate and complete. b. FAR 50.103-4, Facts and Evidence. This section covers additional information that the contracting officer or other agency official may request from the contractor to support any request made under FAR 50.103-3. c. FAR 50.104-3 Special Procedures for Unusually Hazardous or Nuclear Risks. This section provides the information a contractor shall submit to the contracting officer when requesting the inclusion of the indemnification clause for unusually hazardous or nuclear risks at FAR 52.250-1. d. FAR 52.250-1, Indemnification Under Public Law 85-804. This clause allows contractors to be indemnified against unusually hazardous or nuclear risks. Paragraph (g) requires the contractor to promptly notify the contracting officer and furnish pertinent information for any claim or loss that may involve indemnification under the clause.

The latest form for Extraordinary Contractual Action Requests - FAR Sections Affected: 50.103-3, 50.103-4, 50.104-3 and 52.250-1 expires 2028-08-31 and can be found here.