As prescribed in 42.7400(a)(90) insert the following clause:
TECHNICAL DIRECTION (AUG 2008) - DLAD
(a) Performance of the work under this contract shall be subject to the technical direction of the designated Contracting Officer's Technical Representative (COTR). The term "Technical Direction" is defined to include the following:
(1) Provide on-site guidance and clarification to the Contractor - filling in the technical details concerning tasks to accomplish the contractual statement of work.
(2) Provide information and technical guidance to the Contractor as needed to ensure accurate interpretation of drawings, specifications or technical portions of the work description.
(3) Review and, where required by the contract, approve technical reports, drawings, specifications and other technical information to be delivered by the Contractor to the Government under the contract,
(b) Technical direction must be within the general scope of work stated in the contract. The designated COTR does not have the authority to and may not issue any technical direction which:
(1) constitutes an assignment of additional work outside the general scope of the contract;
(2) constitutes a change as defined in the contract clause entitled "Changes";
(3) causes an increase or decrease in the total estimated contract cost or price, the fixed fee or the time required for contract performance; or
(4) changes the express terms, conditions, or specifications of the contract.
(c) The authority of the COTR is limited to those responsibilities described in (a)(1) through (a)(3) above. The COTR is not authorized to obligate the Government or to alter the terms and conditions of the contract. Only the Contracting Officer may obligate the Government or alter the terms and conditions of the contract.
(d) The designated COTR shall issue all technical directions in writing. In those circumstances where the contractor requires immediate guidance, however, the designated
COTR may provide the necessary technical direction orally, but shall follow-up in writing such oral direction within five (5) working days.
(e) The contractor shall proceed promptly with contract performance in accordance with technical directions issued by the designated COTR which are within his/her authority and which have been duly issued in the manner prescribed elsewhere in this clause.
(f) If the Contractor believes any instruction or direction issued by the COTR exceeds the designated COTR’s authority as described herein, the Contractor shall notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction, may withhold from performance in accordance with the instruction or direction, and request the Contracting officer to modify the contract as appropriate. Upon receiving such notification from the Contractor, the Contracting Officer shall resolve the matter as appropriate. The Contractor shall comply immediately with the direction given. A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract clause entitled "Disputes."
(End of Clause)
