eagertoshare

Thank you...great discussion!

Actually I didn't want sympathy. And I am a government employee so it wasn't about seeking a job. I just wanted to share a poorly written contract and wanted to see if others have seen that too. Level of effort or labor hours would be the correct solution with the correct terminology. Thanks for the kind words from some.

I probably did not come across clear. I am a seasoned contracts professional, very seasoned lol. I am just in dismay sometimes the way I see contracts written by unseasoned individuals. You don’t specify a mandated performance schedule and immediately after thst tell the contractor but basically it’s ok not to perform IAW schedule. There’s better, much better ways to do it. I was just wondering what others thought of this.

I wanted opinions on a contract that says one MUST provide 8 hours a day, 5 days a week or they are subject to termination. And provide a FFP for this service. THEN the contract goes on to say, however if you fail to perform the required service, just deduct hourly amount accordingly. There's a table for hourly rate for the individual. My opinion is that this should NOT be FFP and also that if a specified performance schedule is mandated and language is there for failure to provide such...then at the same time allow contractor to just deduct accordingly if individual is out sick or on vacation. There certainly has to be a better contractual way. I would never write a contract like this. I just wanted others input on the way it's set up.

So contractor's hourly pricing should include those indirect costs. That would make sense. Add this to this scenario....what if the order was set up as FFP for individual to perform duties every day and contractors submitted FFP. Contract went on to say failure to perform IAW the schedule may necessitate termination but then also went on to say that if full schedule isn't performed, monthly invoice shall deduct hourly rate (per table) for all hours not actually worked? I personally think this is not good use of FFP and if government wants an approved person to perform the services. There are a couple dilemmas: stating performance schedule/scope then saying failure to perform may cause termination but knowing that the individual will have sick and vacation, adding the next language saying if performance schedule isn't met, contractor can just deduct from invoice.????

Contractor's provide for vacation and sick leave (for their employees), and the government RFQ states that only actual worked hours will be paid by the government. I have several questions and also seek other's opinions. 1) does anyone set up their contracts like this? 2) if so, what type of contract are they (T&M, labor hours, etc). 3) assuming this is under FAR 8 and bidders can't propose more than their awarded FSS pricing, how could they price their offer knowing that they need to give vacation and sick to their employees yet they won't get paid for any of it under the contract and they can't increase their hourly rates more than the awarded FSS rates? 4) seeking opinions on a FFP task order written that contractor must provide a specific number of hours per day and per week. However it goes on to say that if they fail to perform this, they can just deduct the hours not worked from the monthly invoice.