Certified Professional Public Buyer (CPPB) Practice Test

Which of the following is true regarding constructive changes?

1. They can occur only through mutual agreement

2. They are often unintentional violations of a contract

3. They result from external market factors solely

4. They indicate a complete breakdown of a contract

The correct answer is: They are often unintentional violations of a contract

Constructive changes refer to modifications in the scope of work that occur without formal documentation or agreement but can still obligate a contractor to make changes. These changes often arise from actions or failures of the contracting officer or other agency representatives that require a contractor to alter their performance, even if not explicitly contracted. The reasoning behind considering these changes as often unintentional violations of a contract is that they typically stem from circumstances that were not originally anticipated or encoded in the contract. For example, if a government agency impedes a contractor’s work or demands performance that contradicts the terms of the existing contract, these actions may result in constructive changes. Such changes can impose new obligations or alter existing ones without the formal process of amending the contract, leading to confusion or disputes over what constitutes the agreed-upon scope of work. In contrast, the other options do not accurately describe constructive changes. They can occur without mutual agreement, as they are based on actions taken by one party that affect the contract. They are not strictly a result of external market factors and do not signify a full breakdown of the contract; rather, they indicate an adjustment or reinterpretation of an existing obligation.