Construction Period Services under an Expired PoP

[joel hoffman]

On 8/8/2024 at 12:16 PM, Retreadfed said:

I don't know what your contract says, but have you considered what, if any, effect 31.U.S.C. 1342 has on this situation?

@Retreadfed we can’t seem to get flustered to state what the contract  specific period of performance is defined as for their contracts. Flustered did state that the periods of performance for two contracts have expired.

So, I will guess that the government can’t unilaterally require that Flustered  continue to provide construction advisory services after the period of performance for such services has expired.  

[Flustered]

On 8/10/2024 at 12:35 AM, joel hoffman said:

@Retreadfed we can’t seem to get flustered to state what the contract  specific period of performance is defined as for their contracts. Flustered did state that the periods of performance for two contracts have expired.

So, I will guess that the government can’t unilaterally require that Flustered  continue to provide construction advisory services after the period of performance for such services has expired.  

Hi Joe, sorry, was out most of last week, and extremely busy catching up all this week. It's not that I'm unwilling to state the "contract-specific period of performance" definition. It's more that the contracts are very vague. In 10-6298's we propose construction period hours and deliverables. Also, the contract defines a time limit ("period of performance") on our services during the construction period. 

What has happened on several projects is builders create errors causing additional work for everyone (themselves, AE, Government). The additional work is well above our proposed AE hours. And the delays extend the project well beyond our AE period of performance. 

I do think Retreadfed's response is helpful, since 31 U.S. Code § 1342 - Limitation on voluntary services prohibits government officers and employees from accepting free services. We are essentially working for free because the government used up all the hours. And, the period of performance has long expired. 

[joel hoffman]

That’s what I’ve been trying to determine. It appears that if there has been a delay you may be entitled to a compensable time extension for additional efforts, depending upon the specific additional services provided beyond the agreed completion date. You should be able to submit a Request For Equitable Adjustment for the costs  and maybe for overhead and profit. Don’t have all the facts and your contract language.