An award notice in September is good news, and the instinct is to sign and start immediately. Pause first. Awards and orders prepared under year-end pressure occasionally contain errors, and some include terms that differ from what you offered: a different delivery date, an added clause, a changed quantity. Once you sign a bilateral award or begin performing on an order, those terms are much harder to change. A careful review takes an hour and can prevent months of trouble. This is general information; talk to a government contracts attorney about terms you do not understand.

Know what kind of document you have

Some awards are bilateral: the contractor signs, often in a block on the cover form, and both parties’ signatures complete the contract. Others are unilateral orders, such as many purchase orders, where the government’s order is an offer that you accept in writing or by performing. Orders under existing contracts, including GSA Schedules and multiple-award contracts, are placed under the terms of the underlying contract. In each case, the question is the same: does this document say what you agreed to do?

The checklist

  • Identity. Your legal name, UEI, address and CAGE code match your SAM.gov registration exactly.
  • Line items and prices. Each line item, quantity, unit and price matches your final quote or proposal, including any revisions.
  • Dates. The period of performance and delivery dates are ones you can meet, and any option periods are as offered.
  • Funding. The obligated amount is stated, and you understand whether the award is fully or incrementally funded.
  • Scope documents. The statement of work or specifications are the final versions, including changes made by amendments.
  • Clauses. Clauses incorporated by reference include no surprises, such as cybersecurity, E-Verify, limitations on subcontracting, insurance or security requirements you did not price.
  • Key personnel and deliverables. Names, deliverables and due dates match what you proposed.
  • Administration. The contracting officer, any contracting officer’s representative, the payment office and invoicing instructions are identified.
  • Delivery and acceptance. Ship-to addresses, FOB terms and the place of inspection and acceptance are correct.

When something does not match

If you find a discrepancy, raise it in writing with the contracting officer before signing or starting work. Identify the item, quote the relevant language from your offer and propose the correction. Many errors are clerical and are fixed quickly with a corrected document or a modification. If the government intends the change, you can decide whether to accept it, negotiate or decline. Signing first and asking later leaves you arguing from a weaker position, and performing on terms you never priced can be costly.

Advertisement

Do not rely on informal assurances that a problem will be fixed later. Only the contracting officer can change the contract, and only a written modification makes the change real.

After signature

Once the document is right, circulate it to everyone who will manage the work, not just the proposal team. Build a short list of obligations with dates, from insurance notices to first deliverables, and assign an owner to each. The contract, not the proposal, now defines what you must do.

Standard forms and clause texts are available at acquisition.gov.