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learningcurve

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  1. While there were changes using the changes clause those cost were settled before the suspension. The main question is subcontractor compensation due to the suspension. I may have misunderstood the feedback from what Joel stated "The answer to your question would be yes, if there are verifiable increased costs strictly associated with the suspension vs the feedback from Vern " they will likely be entitled to compensation if their work was affected by the suspension. But that would be a matter between the prime and its subs." The contract is with the GC which will be compensated per 52.242-14 guidance, if the sub was on standby during the suspension, this was not due to the request of the Gvt. I find that compensation for Demobilize/ Mobilize may be considered. Sub A - is requesting compensation for all of their employees salary for the suspension duration. This will be rejected as stated above. The contract is with the GC, if they were on standby it was due to not fault of the Gvt. Sub B - is requesting cost for the extended time once work resumes. I find that the funds allocated for the period of performance before the work suspension has not been exhausted. This will be rejected. Sub C - is requesting for 15% price increase on material. No decision as of yet. Sub D - is requesting 120 hrs for demobilizing which is unfound according to the site daily logs. All sub were off of the site within 16 hrs. Denied.
  2. The correct Period of performance is April 2020-April 2021. The suspension was issued in Sept 2020.
  3. I just inherited a $1M generator installation contract. Period of performance April 2019-April 2020. In Sept 2020 a suspension of work was issued due to government delay for various reasons...change of generator locations, change orders, and lack of customer communication and decision making. 10 months later - I am in the process of lifting the Suspension. While I have read the clause and understand the GC cost excluding profit. Will the subcontractors be due any consideration for the delay? Demobilize/ Mobilize, increase in material cost, etc. Any guidance is appreciated. IAW 52.242-14 (a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government. (b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1)by an act of the Contracting Officer in the administration of this contract, or (2)by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.
  4. Joel, I agree as the SOV are really just an estimate. Thanks for all the help.
  5. The government did not cause a delay. I believe the contractor is looking for extra$$. I agree that that is between the Prime and Sub. Thanks all for your feedback.
  6. Awarded a VA FFP construction contract Jan 2019 - Aug 2021. Contractor submitted the schedule of values and quote for door hardware in May 2019 -$62,000. Jun 2021, the contractor sent an updated quote from the subcontractor with claims of increase cost for the door hardware +$3800. The doors are scheduled to be installed in July. I believe that when the contractor submitted the SOV and quote, the cost was as submitted. Should the government be responsible for the increase in cost due to the contractor's failure to order the materials in 2019? Thanks
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