GreenKubo Posted February 21, 2020 Report Share Posted February 21, 2020 I have been assigned to perform administration on several Construction Contracts. I was in the process of emailing all of the contractors just to get an idea of how far along each project was, as a result a contractor requested an extension due to weather, the Customer and the Contracting Officer had no issues with the request so I prepared the modification and shortly noticed the Contractor has an Active Exclusion in SAM therefore we couldn’t process a modification on the Contract. Additionally, two days after the extension request the period of performance ended and the Contractor hasn't performed any of the work. I don’t really know how to handle this, I contacted the customer to start the CPARS process, I started to review the contract file and the Contractor did submit a Payment Bond. Can we de-obligate the excess funds off of the Contract? How do I know what the contractor is owed? ( I figured all he is owed is the price of the payment bond). Link to comment Share on other sites More sharing options...
joel hoffman Posted February 21, 2020 Report Share Posted February 21, 2020 Do you have a legal advisor/office of counsel/agency attorney? If the contractor is on the active exclusion list, the government supposedly cannot do business with the firm. Do NOT reimburse the contractor for the bond until the KO decides whether or not the contract should be rescinded or terminated. Other than that, there isn’t enough information here to determine anything about the status of the contract. Link to comment Share on other sites More sharing options...
joel hoffman Posted February 21, 2020 Report Share Posted February 21, 2020 You didn’t explain whether or not anyone else was administering the several contracts but they all appear to be under way. It does look strange to me that there would be no status or record of progress on them. Other than the instant contract, are the rest recently awarded? Link to comment Share on other sites More sharing options...
ji20874 Posted February 21, 2020 Report Share Posted February 21, 2020 10 hours ago, GreenKubo said: ...the Contractor has an Active Exclusion in SAM therefore we couldn’t process a modification on the Contract... This is not true. You may administer (even modify) the contract. If the additional time is due solely to unusually severe weather (not just "weather" but "unusually severe weather" as an excusable delay), you may process that modification. The types of modifications you cannot do are those described in FAR 9.405-1(b). But if the contractor hasn't performed any of the work, the excusable delay notion won't hold any water. 10 hours ago, GreenKubo said: ...the Contractor did submit a Payment Bond... This is irrelevant. Did the contractor submit a performance bond? 10 hours ago, GreenKubo said: Can we de-obligate the excess funds off of the Contract? No, not unless you terminate the contract. 10 hours ago, GreenKubo said: ...I figured all he is owed is the price of the payment bond... No. Not yet. Have you considered issuing a show cause notice with notice to the surety, preparatory to termination for default? Link to comment Share on other sites More sharing options...
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