Does un-claimed, claim-able Work count as "free" work?

[myfrogleaps]

Is the Government accepting “free” work if a Contractor chooses not to submit a claim when such a claim is justified by a Government delay and a change in SOW (out of convenience not necessity) and the CO anticipates no reason for refusal of such a claim?

[ji20874]

No.  

[Guest Vern Edwards]

In asking about "free" work, are you asking in the context of 31 U.S.C. 665(b)?

Quote

An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property. This section does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. As used in this section, the term “emergencies involving the safety of human life or the protection of property” does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property.

That provision of law is part of the Antideficiency Act (ADA). "Voluntary services" are those that are not rendered pursuant to a prior contract and that could result in a demand for payment for which funds are not available, thus resulting in an ADA violation.. See Army's authority to accept services from the American Association of Retired Persons/National Retired Teachers Association, B-204326, July 26, 1982. They are prohibited under certain circumstances because they could result in a later demand for payment for which funds have not been obligated or are not otherwise already available.

You have a prior contract, and the Government delay problem that you describe is covered by the Contract Disputes Act, not the Antideficiency Act. You don't have a "free work" issue.

If you are asking about "free work" in another context, then I have no answer for you based on the information that you have provided.

 

 

 

 

[myfrogleaps]

Thank you Vern. Sometimes I find I just need a pointer to help define the crucial questions and parameters of a situation and you have been most helpful. I believe I understand your response and based on that understanding I am not in violation of any FAR requirement as I have a valid PR and it's up to the Contractor if he wants to pursue a claim to recover charges for contract administration labor hours.

[Retreadfed]

Note that title 31 of the USC was recodified and section 665 is now section 1342.

[Guest Vern Edwards]

Thank you, Retread.