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Government Directing Work Schedule?

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We received the following mod from our prime contractor, which they say is a word-for-word flow-down of the prime contract mod. I understand the Government can cut our funding anytime, but can they really direct which days of the week we work? For example, we have one employee who has a two-week vacation planned in September, but that time will not go toward her 20% cut because it's not only on Friday. I have tried to research the FAR about this, and I have not been able to find anything. I appreciate any FAR or other law references you can provide to help me understand how this is ok (or not). Thanks.

12.0 STATEMENT OF WORK ADDENDUM

  1. Notwithstanding any other provision of this contract, in the event that the Government reduces operations pursuant to a furlough of civilian employees of the Department of Defense, the level of effort for this contract or task order established in SEA 5252.216-9122 LEVEL OF EFFORT (DEC 2000) shall be reduced for the tenure of the civilian furlough. The level of effort for this contract or task order during the civilian furlough period shall be expended at an average rate of 2346 (80% of 2932) hours per week.
  2. The contractor is not required to remain on standby and should take every effort to minimize its overhead costs during the reduction. At the conclusion of the civilian furlough period, the level of effort will revert to the prior rate. The contractor will not be required to immediately revert to the prior level of effort, but rather will be allowed a reasonable amount of time to revert to the prior rate.
  3. During the civilian furlough period, unless otherwise authorized by the contracting officer, the work schedule will consist of an 8-hour work day Monday through Thursday. Therefore, Friday will not be part of the work schedule. At the conclusion of the civilian furlough period, the work schedule will revert to the prior established schedule, if any. This revision to the normal work week is not the result of an Executive Order or an administrative leave determination.

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I assume this is a CPFF term task order for services based on you citing the seaport-e IDIQ level of effort clause? If so, IAW FAR 52.243-2 Alt I(a)(2) which was included in base IDIQ, the KO can make unilateral changes to the time of performance (ie days of the week). Paragraph c. states that the contractor must request adjustment in accordance with para b within 30 days from the date of receipt of the written order.

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Yes, you are correct on the Seaport CPFF term for services only. This is exactly what I needed, and that clause is right there in our subK, too. Thank you so much uva383 for responding on a Saturday!

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What about government directed schedule for FFP? 52.243-1 Changes - Firm Fixed Price state the govt can change
(1) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications.
(2) Method of shipment or packing.
(3) Place of delivery.

So the government can't direct the exact dates (e.g. Sept 9-11) to be added to the Delivery Schedule for FFP unilaterally? Assume the contract is silent as to how the dates in the Delivery Schedule is updated.

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