Start with the current contract and modifications, the exact request, and a short account of its effect on delivery, cost and timing. Keep the request separate from any document that authorizes a change. Give counsel the records needed to assess authority, obligations and the required response.
A request is one part of the record
For federal procurement contracts governed by the FAR, FAR 43.102 limits authority to execute government contract modifications to contracting officers acting within their authority. FAR 43.103 distinguishes modifications signed by both parties from unilateral modifications signed only by the contracting officer. A missing contractor signature does not, by itself, show that a change is ineffective.
Counsel should check the actual contract, incorporated clauses, applicable agency rules or deviations, and the instruction received. This example does not address state or local contracts, other transaction agreements, or the different relationship between a prime contractor and subcontractor.
Fictional example: an earlier delivery and another report
The current delivery schedule calls for a report on November 30. A program contact emails the delivery team asking for it on November 15, with an additional analysis. The working folder contains the contract and modification 01. A team note mentions modification 02, but no one has located it. The delivery lead estimates that the extra analysis would require 12 additional hours; Finance has not checked the estimate. These are invented facts, not recommended terms.
- Current packet
- Contract plus modification 01 show the November 30 delivery. Modification 02 is missing. Contract administrator locates the missing record and confirms which documents belong in the current packet.
- Customer email
- Program contact requests November 15 and an additional analysis. No determination of the contact’s authority is recorded. Preserve the complete email and attachments. Counsel assesses the instruction and who should respond through the appropriate contract channel.
- Delivery estimate
- Delivery lead estimates 12 extra hours. Schedule dependencies and cost treatment are unconfirmed. Delivery and Finance document assumptions, work already performed and available cost or time records; distinguish estimates from actuals.
The note to counsel
“Please review the attached contract packet and customer instruction. The email requests an earlier delivery and additional analysis; our packet may be incomplete because modification 02 is missing. Please assess the applicable change mechanism, authority, performance obligations, notice or response deadlines, and what our authorized representative should communicate. Delivery and Finance are checking the impact. We have not classified the email as an authorized modification or concluded that additional payment is due.”
Flag time-sensitive instructions immediately. Do not delay that escalation while assembling a perfect packet, or treat this guide as permission to stop, postpone or expand performance. Counsel must assess what the contract requires while the issue is being resolved.
Close the loop with the delivery team
Ask counsel for a written disposition tied to the specific instruction and contract version: what is decided, what remains open, any required response or notice, and who owns the next action. Keep that advice distinct from the customer’s communications and the team’s estimates.
The contract administrator records the resulting correspondence or modification. Delivery and Finance update their schedules and records against that disposition, with unresolved assumptions still visible. A revised internal tracker is not itself a contract modification.
For a real assignment, use your organization’s approved document-handling process. This public example needs no customer documents. If you hire outside counsel, scope experience with the relevant contract and agency, the specific review and response required, and availability for the actual deadline. Confirm the proposed lawyer’s fit before engagement.
Official sources checked November 4, 2026. Specific contract clauses and applicable agency rules or deviations require matter-specific review.
GSA’s contract modification guidance describes supporting technical and cost information. Use counsel’s instructions for your specific submission.