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Hello, This is my first time posting a question...

I have a FFP GSA Task Order. Period of Performance (POP)is 12 months and there is a Government Delay of three (3) months. Using FAR 52.212-4(f) Excusable Delay and 52.212-4© Changes, I would like to extend the POP. The Delay is Government caused and the Government doesn't know exactly when they can resume work, therefore it's not reasonable for me to extend it by a fixed timeframe not knowing when the Government can be relieved of it's delay. My CO recommended we use a Notice to Proceed to facilitate the "resume period". This is not a construction contract and neither the GSA contract or the Task Order Contains FAR 52.242-14 Suspension of Work or FAR 52.211-10 Commencement, Prosecution, and completion of work?

What do I do in this modification to document this. Also, I was told to put a "release statement" similar to this:

Contractor hereby releases the Government from any and all liability under this contract for further equitable adjustments attributed to such facts or circumstances giving rise to the work associated with this three month extensioin (except for: NONE).

I cannot find language such as this in the FAR.

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That's right, 42.1303 is not a contract clause, so it wouldn't be in the contract, but it does provide the guidance on how to stop contract work.

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Negotiating the equitable adjustment up front (the "release statement" recommended by your contracting officer) is a good idea -- both parties have to agree, of course -- but if agreement is possible, it is better to define your liability earlier rather than later.

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I have a FFP GSA Task Order. Period of Performance (POP)is 12 months and there is a Government Delay of three (3) months. Using FAR 52.212-4(f) Excusable Delay and 52.212-4? Changes, I would like to extend the POP. The Delay is Government caused and the Government doesn't know exactly when they can resume work, therefore it's not reasonable for me to extend it by a fixed timeframe not knowing when the Government can be relieved of it's delay. My CO recommended we use a Notice to Proceed to facilitate the "resume period". This is not a construction contract and neither the GSA contract or the Task Order Contains FAR 52.242-14 Suspension of Work or FAR 52.211-10 Commencement, Prosecution, and completion of work?

What do I do in this modification to document this. Also, I was told to put a "release statement" similar to this:

Contractor hereby releases the Government from any and all liability under this contract for further equitable adjustments attributed to such facts or circumstances giving rise to the work associated with this three month extensioin (except for: NONE).

I cannot find language such as this in the FAR. .

Melissa, you said that you couldn't find th following language** in the FAR. It was suggested to be included in the action to delay the contractor's performance. "Contractor hereby releases the Government from any and all liability under this contract for further equitable adjustments attributed to such facts or circumstances giving rise to the work associated with this three month extensioin (except for: NONE)." The language indicates that there is a written bilateral agreement. It is meaningless to include it in a unilateral stop work order or other unilateral directive. You indicated that you intend to use the commercial items "changes" terms and conditions at 212-4 (c ) to extend the contract period of performance. That will require written agreement of the parties - a bilateral agreement. It doesn't provide for a unilateral government directive.

**See FAR 43.204 (c ) for similar wording generally used in definitization modifications:

"(c ) Complete and final equitable adjustments. To avoid subsequent controversies that may result from a supplemental agreement containing an equitable adjustment as the result of a change order, the contracting officer should --

(1) Ensure that all elements of the equitable adjustment have been presented and resolved; and

(2) Include, in the supplemental agreement, a release similar to the following:

Contractor?s Statement of Release

In consideration of the modification(s) agreed to herein as complete equitable adjustments for the Contractor?s _______ (describe) __________ ?proposal(s) for adjustment,? the Contractor hereby releases the Government from any and all liability under this contract for further equitable adjustments attributable to such facts or circumstances giving rise to the ?proposal(s) for adjustment? (except for__________ )."

Also, the "Stop-Work Order" clause appears to only allow up to a 90 day directed delay without bilateral agreement of the parties to extend the delay period. I'm not an expert but if you don't know how long this delay will last, you might have to consider whether it would be wiser to terminate the contract for convenience as soon as possible, unless the contractor will agree to further delays and unless you can determine the extent of the impact costs as soon as possible. Others may chime in here, but it is something that you may need to consider if you don't know how long this delay might last. you might not need the services during the delay period, anyway(?)

Just some things to consider. I'm not a GSA contract expert by any means.

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