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I have a question about whether or not it is ok (ethically or otherwise) to agree to the following:

"If the sidewalk issue is handled as a separate mod, would you install the brackets in lieu of the tiling pattern as a no cost change?"

Basically what has happened is that the government is asking us to change the color on a sidewalk, which is a cost and a material change to the scope of the contract. They also want us to install brackets instead of a patterned tile. I am not sure I am comfortable with the way he stated the question, basically saying if we give you the change order for X on the color of the sidewalk, will you do the brackets for free."

Is this acceptable?

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Guest Vern Edwards

I don't understand the offer. How are they going to change the color of the sidewalk if they don't issue a "separate" mod? Why do they think handling a "separate" mod is doing you any favors?

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I have a question about whether or not it is ok (ethically or otherwise) to agree to the following:

"If the sidewalk issue is handled as a separate mod, would you install the brackets in lieu of the tiling pattern as a no cost change?"

Basically what has happened is that the government is asking us to change the color on a sidewalk, which is a cost and a material change to the scope of the contract. They also want us to install brackets instead of a patterned tile. I am not sure I am comfortable with the way he stated the question, basically saying if we give you the change order for X on the color of the sidewalk, will you do the brackets for free."

Is this acceptable?

AmericanJan, I (we?) don't understand the background of the situation. First of all, Is this a written or an oral communication? If it is written, then I think you should be discussing it orally with the KO. From what you wrote in your original post, I can't tell what the issues are, especially what you are referring to as "brackets" vs. "the tiling pattern". What is the current contract requirement? Are you asking if it is okay for the KO to ask you to perform an unwritten, no cost change to install some brackets somewhere in lieu of a patterned wall or floor tile - if they agree to pay for the (unrelated?) increase to color the sidewalks?

Apparently, the government wants some brackets installed and is willing to trade that off for plain tile. In addition they are willing to pay the increase to change the sidewalk color. Is any of this correct? Is this related to a difference of opinion over what is currently required? It is conjecture on my part. due to a lack of clarity in your scenario.

EDIT: Apparently, you asked if it is ok (ethical or otherwise) for you to agree to the proposal. Can't tell from the info provided.

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As a contracting officer, I would not allow such an exchange without some sort of paper trail....even if the resultant changes did not affect time or total price.

I think the best way to affect the desired changes is have an independent government estimate and contractor proposal for the change in sidewalk color.

The same for the change in brackets vs. pattern. This does not have to be elaborate, but show some analysis.

Surely the government estimated something when they decided to make the changes. If not, someone is getting lazy.

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To answer your question about authority: I imagine they are making legal changes and they otherwise have this authority.

I just think it invites trouble to make field changes without some sort of paper trail for such changes for various reasons, including warranty of workmanship.

EB

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To answer your question about authority: I imagine they are making legal changes and they otherwise have this authority.

I just think it invites trouble to make field changes without some sort of paper trail for such changes for various reasons, including warranty of workmanship.

EB

I totally agree with that. From the scant information provided here, I can't tell if it is "unethical" for a contractor to agree to that. How about - Its just DUMB for the government to make undocumented changes to a written and/or drawn scope of work. I worked changes, REA's and claims for many years. Trying to reconstruct what happened, what was required, what was provided, etc. is very difficult if the project goes South without accurate documentation or if the KO or ACO never got around to the paperwork..

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Ask the Government to rephrase their question.

Not knowing if the OP is a millennial member, I suggest "speaking" to the government POC to discuss your concerns and to clarify the government's offer/question so that you can be comfortable with it, then get them to memorialize it in writing. If you think that something isn't "kosher", be honest with them about your concerns. Written communications should supplement, not supplant oral communications to resolve questions like this.

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AmericanJan, you seem to be implying that the government is behaving coercively. If the government POC phrased this as a question (I.e, it's not holding the change order "hostage" for the free brackets), it just sounds like negotiation to me. However, if you're entitled to payment for the change to A and you're entitled to payment for the change to B, the real question is whether you see an benefit to giving away something you're entitled to payment for.

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Guest Vern Edwards

Listen, everybody:

I know that you want to help, but American Jan posted almost 24 hours ago. I asked for clarification about an hour and a half after s/he posted. We haven't heard from him/her since.

I know that people have work to do and that things happen that prevent them from monitoring the site, but if you post to ask for help and then disappear for an entire day, then you don't deserve to have people continue to come back asking for more info and giving advice based on incomplete information. It makes us look ridiculous when we keep responding to such posts and, frankly, like we don't have enough of our own work to do. And, frankly, apologies from the OP don't make me feel better about things like this.

Why don't we set a standard? If you post asking for help and don't respond to prompt inquiries in your behalf, then you don't deserve to have people keep trying to reach you, and you might not get a response when you eventually do come back.

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Thanks, Vern. You are right. There seems to be a spate lately of initial posts on this site with incomplete information, with no follow up to well-wishing folks asking for clarification.

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