damage to Government property

[sackanator]

Contract to a government agency, ohh lets say UNICOR for furniture and installation of that furniture. In the process of furniture installation they do damage to government property (the floor and walls). They have been told to fix the damage they cause around 6 months or longer. They still have not taken action. Is there a clause, legal case dealing with damage to government property and a timelyness to fix/correct the issue? Especially when its a government agency that caused the damage? Everything I've found in the FAR seems to deal with damage to government furnished property especially FAR 45.

[leo1102]

It appears as if you have already contacted the contractor numerous times and have not received the repair services.

I was wondering, have you contacted your agency attorney? An official letter may do the trick. If not, then the attorney can advise you on the next course of action.

Did your order/contract include FAR Clause 52.237-2?. Protection of Government Buildings, Equipment and Vegetation?

As prescribed in 37.110(B ), insert the following clause in solicitations and contracts for services to be performed on Government installations, unless a construction contract is contemplated:

Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

[joel hoffman]

Sackanator, what type of contract is this? Supply? Commercial item?

It amazes me why the government wouldn't directly cite a requirement to protect government property from damage

and require restoration if damaged during installation of (systems?) furniture.

[ji20874]

The Standard Form SF-95 is the form for a claim against the Government, such as for property damage to a third party caused by a contractor under a federal contract.

[sackanator]

I thank you for the replys, it was a co-workers requirement he was managing who was asking questions which I wasn't overly sure in responding. As I am further exploring this award there appears to be a whole slew of problems so I might have to stop here and thank heaven that it is not mine to administer. The comments above will give me a foundation to research, thank you. In response to the one question is was considered a supply since the bulk of the cost was assigned to the supply/furniture.