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TITLE 48 - FEDERAL ACQUISITION REGULATIONS SYSTEM
CHAPTER 3 - HEALTH AND HUMAN SERVICES
SUBCHAPTER C - CONTRACTING METHODS AND CONTRACT TYPES
PART 316 - TYPES OF CONTRACTS
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.
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