[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR316.770-2]



[Page 50]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 316_TYPES OF CONTRACTS--Table of Contents

 

                        Subpart 316.7_Agreements

 

Sec. 316.770-2  Memorandums of understanding.



    A ``memorandum of understanding'' is an unauthorized agreement, 

usually drafted during the course of negotiations, to modify mandatory 

FAR and HHSAR provisions in such a manner as to make them more 

acceptable to a prospective contractor. It may be used to bind the 

contracting officer in attempting to exercise rights given the 

Government under the contract, or may contain other matters directly 

contrary to the language of the solicitation or prospective contractual 

document. Use of memorandums of understanding is not authorized. Any 

change in a solicitation or contract shall be made by amendment or 

modification to that document. When a change to a prescribed contract 

clause is considered necessary, a deviation shall be requested.