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mrahel

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Everything posted by mrahel

  1. There is nothing in the contract about obligations nor anything about consideration. There is a PWS/SOW that describes the tasks that will be completed but that is all.
  2. B.1 Subcontract Type The Subcontract awarded hereunder is a Single Award Subcontract with Fixed-Price/Levelof-Effort (FP/LOE) basis upon issuance of Purchase Orders (“POs” or “Orders”) by designated Contracts Representative in accordance with the ordering procedures stated below. Under this Agreement, Subcontractor is responsible for using its best efforts to deliver the technical requirements, within the time (delivery schedule) agreed upon, and within the negotiated estimated cost, Level of Effort subject to the Limitation of Cost provision or, if applicable, the Limitation of Funds provision of this Subcontract. B.2 Statement of Requirements This Subcontract constitutes the type of subcontract whereby the Seller, shall, in accordance with the Terms and Conditions of this Subcontract and the Statement of Work (SOW) set forth in Section J, provide the necessary personnel and do all things necessary and/or incidental to the furnishing and delivery of the supplies and/or services in accordance with the specifications and other requirements applicable thereto and referenced herein. No work shall commence without the issuance of written authorization from Contract Administrator. Under no circumstances shall [redacted] be liable for any costs incurred by the Seller in excess of the authorized funding limitation.
  3. So what is the point of the contract then? I have no recourse? I thought I was going to get work.
  4. So what will this mean for the contract if I do nothing though? And would I get paid?
  5. Funding Profile (a) The total amount of funds allotted to this Subcontract and available for payment will be specified in individual written Orders issued hereunder. Order’s SOWs shall set forth specific task requirements to be performed, Level of Effort to be delivered (if an LOE order) and shall specify a funding ceiling that shall not be exceeded. The Subcontractor shall only perform work as directed in written Orders SOW and no work effort is authorized hereunder except pursuant to a written Order issued by Contracts Representative. Subcontractor is directed to the specific funding notice requirements contained in FAR Clause 52.232-20 and 52.232-22 incorporated herein. (b) For all Level of Effort Orders, it is contemplated that the funding and level of effort provided for each individual Order will be sufficient for the work required to be performed by that Order SOW, for the performance period specified in the Order. Order funding and level of effort may be increased from time to time by issuance of a written Order Modification signed by Contracts Representative; however, until and unless such Modification is issued by [redacted], the established not-to-exceed funding and level of effort ceiling shall apply irrespective of any other provisions of this Subcontract and any work or costs incurred in excess thereof shall be at Subcontractor’s sole risk and expense. (c) The total funding for the work under this Subcontract will be determined as the sum of all individual Orders. [redacted] liability is expressly limited to the amounts stated in each Order. B.6 Level of Effort (LOE) (a) The Subcontractor agrees to provide the total LOE specified in each Order in performance of the work described herein. (b) The estimated composition of the total LOE will be provided in each Order separately. (c) It is understood and agreed that the hours per month may fluctuate in pursuit of the technical objective, provided such fluctuation does not result in the exhaustion of the total hours of effort prior to the expiration of the Subcontract’s period of performance. If, during the period of performance, the Subcontractor finds it necessary to accelerate the expenditure of direct labor to such an extent that the total hours of effort specified above will be exhausted prior to the expiration of the term, the Subcontractor shall notify in writing setting forth the acceleration required, the probable benefits which would result, and the cost impact, if any, of such a change in the rate at which direct labor hours are expended. The Subcontractor shall not accelerate any effort until receipt of such written approval by designated Contracts Representative.
  6. I'm in a unique position. This is a non-gov't contract that is stated as a FPP-LOE contract, paid incrementally. We're in OY1 of the contract but the work I was originally set out to do in the SOW has changed due to modifications (some of which I have yet to be informed of) and I haven't had any work given to me to do - and now I'm at the point where even if I worked 40 hours a week for the rest of the contract term I wouldn't be able to complete the allotted number of hours given as the LOE (1400 hours). What are my next steps, if any?
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