* Bilateral modification--the contractor and the ROICC have agreed upon an adjustment to the contract
* Unilateral modification--the ROICC can direct the contractor to take some action under the contract
No work is to be performed beyond the contract requirements without written notification from the ROICC. (30)
The Navy's statements and actions during contract administration further reinforced the belief that the ROICC PM had this authority.
(36) The Board determined that the ROICC PM's delegation of authority, which stated that he was "responsible for construction management and contract administration," had provided him "express actual authority to make any changes that were necessary to resolve problems at the site." (37)
On appeal this year, the Federal Circuit reversed the ASBCA decision, holding that the ROICC PM had neither express nor implied actual authority to make contract changes.
There being no express or implied authority for the ROICC PM to make contract changes, the court remanded the case to the ASBCA to determine whether the contracting officer's initial Final Decision finding entitlement to some of the contractor's claims constituted a ratification of the changes directed by the ROICC PM, an issue that the board previously had no need to address since it had found express authority to make the changes.
Other information provided to the contractor at the preconstruction conference also seemingly suggested that the ROICC PM was the first level decision-making authority for contract changes.
The board noted that the ROICC PM was also "the key government person with respect to performance," a fact which in a past decision had caused the board to find that a Project Officer "was impliedly authorized to make changes where expeditious action was required." Id.