Writing Question

Instructions: Read the scenario below, and use the sample service contract

Actions

, as applicable, to answer the corresponding questions. Be sure to read the appropriate Changes and Terminations clauses in this contract when attempting to answer the questions!

Part I Scenario: You are the contracting officer for contract DWNA1219C4306

Actions

for fish counting services. Two weeks after exercising the first option year, the requiring activity has informed you that it needs the fish counting services at Pacific Lake Dam to be moved to Big Falls Dam, located at river mile 256 near Centerville, OR. All of the performance requirements will remain the same at the new location. The customer has informed you that this change is an urgent requirement that must be accomplished as soon as possible. (30 points, each question worth 10 points)

1. Can this change be made pursuant to the applicable changes clause? Explain why this proposed change does, or does not, meet the criteria necessary to make a change pursuant to the applicable changes clause.
2. Will you execute a unilateral or bilateral modification to make this change to the contract?
3. On the SF30Actions, what box (A, B, C, or D) would you check in Block 13, and what would you write in the associated blank? What would you write in Block 14?

Part II Scenario: The contractor submitted a Request for Equitable Adjustment (REA) proposal in the amount of $287,500 in response to your change order to change one of the fish counting locations from Pacific Lake Dam to Big Falls Dam. You received the proposal three weeks after issuing the change order. After reviewing the contractor’s proposal, you have determined the proposed price for the change to be fair and reasonable based on other than certified cost or pricing data provided by the contractor. You and the contractor have come to agreement on all points of the adjustment for this modification. (30 points, each question worth 10 points)

1. Was the contractor required to certify this REA? What is the DFARS reference for your answer?
2. Was the contractor’s REA proposal received within the required time?
3. On the SF30Actions, what box (A, B, C, or D) would you check in Block 13, and what would you write in the associated blank? What would you write in Block 14?

Part III Scenario: It is one month after you executed the modification for the equitable adjustment for the change order for the move of the fish counting services from Pacific Lake Dam to Big Falls Dam. The modification agreement included a transition plan that required the contractor to be moved and fully staffed at the new location within 60 days of the effective date of the bilateral modification. The COR at Big Falls Dam has informed you that the contractor has not met the first two phases of the transition plan, and this failure to make progress is endangering the contractor’s ability to be at full performance at the new location by the contractually required date, although there are still 20 days left. If the contractor is not fully staffed and operational at Big Falls Dam within 60 days after the effective date of the bilateral modification, DWNA’s ability to meet its mission would be severely impacted. The COR would like you to consider termination of this location due to the contractor’s failure, so that the requirement can potentially be awarded to another contractor. (15 points, 5 points for each question)

1. Which specific type of termination would you be considering as a result of the contractor’s failure to meet the transition plan requirements?
2. What termination clause in the contract would be the authority for executing a termination, if one becomes necessary?
3. Would a delinquency notice be required to be sent to the contractor for the type of termination in question 1? If so, which type would be required?

Part IV: The contractor was able to correct its failure to make progress in meeting the transition plan phases, and the Government was satisfied that the contractor’s plan for fully staffing the Big Falls Dam location would result in the contractor meeting the contractually stipulated date for full performance within 60 days after the effective date of the bilateral modification. However, the COR informed you on the 61st day after the effective date that the contractor is only minimally staffed and actually cannot meet the fish counting requirements. The contractor has failed to perform the transition and the fish counting services at the Big Falls Dam location within the time specified in the contract. (15 points, 5 points for each question)

1. Which type of termination is appropriate in this circumstance?
2. Is a delinquency notice required before executing the termination? If so, which type is required?
3. On the SF30Actions, what box (A, B, C, or D) would you check in Block 13, and what would you write in the associated blank? What would you write in Block 14?

Part V Scenario: The final option period for your fish counting services contract has just expired, and all services have been performed and accepted by the Government. The contract is considered physically completed. You must now complete the contract closeout process. (10 points, each question worth 5 points)

1. What is the time standard for closing out this contract file, based on the type of contract it is?
2. Based on the dollar values in the contract, would this contract be a candidate for Quick Closeout procedures?