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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 48 - Federal Acquisition Regulations System |
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Chapter 7 - Agency for International Development |
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SubChapter G - Contract Management |
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Part 750 - Extraordinary Contractual Actions |
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Subpart 750.71 - Extraordinary Contractual Actions To Protect Foreign Policy Interests of the United States |
§ 750.7106-3 - Mistakes.
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750.7106-3 Mistakes.
examples(a) A contract may be amended or modified to correct or mitigate the effect of a mistake, including in the following
(bsituations:
a(
which consists of the1) A mistake or ambiguity
or to express clearly in the written contract the agreements as both parties understood them;in the contract that results from the failure to clearly express
cthe agreement as understood by both parties;
(2) A mistake on the part of the contractor which is so obvious that it was or should have been apparent to the contracting officer; and
(
3) A mutual mistake as to a material fact.
procurement(b) Amending contracts to correct mistakes with the least possible delay normally will protect the foreign policy interests of the United States by expediting the
program and by giving contractors proper assurance that such mistakes will be corrected expeditiously and fairly. An action that can be accomplished by administrative modification or resolved using the procedures in FAR subpart 33.2 should not be resolved using the authority and procedures of this subpart.
[89 FR 4207, Jan. 23, 2024]