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contractor on travel - death in the family


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A contractor employee has to come home early while on travel (under contract) due to a death in the family.

The government customer wants to pay to bring the employee back home but is unsure if they're allowed to. My contract doesn't speak directly to the issue and I haven't found anything yet in the mountain of flowdown clauses that would allow the government to pick up the cost.

Meanwhile we of course are bringing the employee home while we work out the details.

This is a Services, IDIQ contract. Work is being done T&M if that matters.

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You might want to take a look at FAR 52.216-7 (applies to T&M contracts, calls for allowability IAW FAR Subpart 31.2) and FAR 31.205-46(B) on assessing the reasonableness of airfare costs.

[mean-spirited comment removed--sorry, it was a long week]

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A contractor employee has to come home early while on travel (under contract) due to a death in the family.

The government customer wants to pay to bring the employee back home but is unsure if they're allowed to. My contract doesn't speak directly to the issue and I haven't found anything yet in the mountain of flowdown clauses that would allow the government to pick up the cost.

Meanwhile we of course are bringing the employee home while we work out the details.

This is a Services, IDIQ contract. Work is being done T&M if that matters.

Would you have paid for the employee to come home anyway (i.e., if there was no need to come home early)? If yes, then why wouldn't you pay for the employee to come home early?

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1. Was reimbursement for the travel cost home contingent upon finishing the job?

2. Are you saying the travel cost is higher if he comes home early than if he came home when originally scheduled? I'm only asking about the travel cost.

With the new airline fare rules, would assume they are looking at a change fee plus the difference in the cost of the previous ticket home (assuming it was bought already) and the last minute ticket. Although most airlines will give you the 7 or 21 day advance purchase price if you have a death in family, these days they often do it as a refund to your credit card after you have provided some proof - obituary, detah certificate, etc

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Guest Vern Edwards

Assuming that the contract does not address this situation, I think that the issue is what is reasonable. That being the case, what was the work plan? If the contractor was supposed to send one employee who would do the job and then return, then I say that one round trip airfare is reasonable. It is too bad about the death in the family, but this is business, not personal. There is no contractual reason for the government to pay (1) the extra charges for the early return and (2) the cost of an additional round trip airfare for someone to go finish the job.

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  • 2 weeks later...
Assuming that the contract does not address this situation, I think that the issue is what is reasonable. That being the case, what was the work plan? If the contractor was supposed to send one employee who would do the job and then return, then I say that one round trip airfare is reasonable. It is too bad about the death in the family, but this is business, not personal. There is no contractual reason for the government to pay (1) the extra charges for the early return and (2) the cost of an additional round trip airfare for someone to go finish the job.

I agree! Too often, contracting officers try to do what's nice instead of what is reasonable and expected by the contract. Contracting officers should enforce their contracts, not give gifts to contractors or contractor employees.

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