khunron

Government delay. The Government (Facility Manager) cancelled the initial site survey and now the contractor is requesting the PoP be extended by 2 weeks to account for the delay.

I am looking for professional opinions on this issue which has been argued for quite a while in my office. I’ve done my research and feel that 52.243-1 -- Changes -- Fixed-Price, Alternate III is the correct authority based on the following: 1. FAR 52.249-14 – Excusable Delays is not applicable to fixed-price A-E Services per FAR 49.505( and the FAR Clause Matrix. 2. 52.249-8 -- Default (Fixed-Price Supply and Service) was not included in the contract, and although 49.504(a)(1) does not specifically say not to use it for A-E services, the clause matrix shows it not to be used . 3. FAR 49.503( states that 52.249-7, Termination (Fixed-Price Architect-Engineer) is the clause to be used for Termination for Convenience of the Government and Default for A-E services. The clause does not include the liability exception for government delays that is included in 52.249-8 and 52.249-10. 4. 52.243-1 -- Changes -- Fixed-Price, Alternate III allows the Contracting Officer to make changes within the general scope of the contract in the services to be performed, which I consider a PoP extension to be “general scope”. Paragraph (a) is not as specific as the other versions of the clause on what changes can be made. The other side of the argument says that a Changes clause should never be used strictly for a PoP extension. They argue that 52.249-8 -- Default (Fixed-Price Supply and Service) is the correct clause, because a Changes clause should never be use strictly for a PoP extension and there is no other clause to use. Opinions on the correct modification authority and reasoning behind the opinion would be appreciated.

FAR Part 38 states that the Federal Supply Schedule program is directed and managed by the General Services Administration, and is for the use of Federal agencies. Not sure how that would allow a State to order off an FSS, but there's an address listed, so reach out and ask.

In addition to @ji20874's comment, 22.503(a) states they are to be considered "in connection with large-scale construction projects.". Your IDIQ is not a "project".