Con90 Essay

8632 Words Jun 9th, 2012 35 Pages
LESSON 2 – Contract Delays determine if a delay is excusable. determine if a delay is compensable.

Homework Assignment 1
1. What clauses excuse the contractor’s failure to perform on time due to an act of God or the public enemy?
52.249-8(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include

(1) acts of God or of the public enemy,
(2) acts of the Government in either its sovereign or contractual capacity,
(3) fires,
(4) floods,
(5) epidemics,
(6) quarantine restrictions,
(7) strikes,
(8) freight
…show more content…
6. Is the contractor entitled to any type of adjustment in contract terms if the Government suspends work or orders a work stoppage? If yes, what type of adjustment?
(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --
(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

7. What clauses provide for the administrative settlement of contractor claims that arise from delays and interruptions in the contract work caused by the acts, or failures to act, of the contracting officer? When should these clauses be used?
52.242-14
42.1305 -- Contract Clauses.
(a) The contracting officer shall insert the clause at 52-242-14, Suspension of Work, in solicitations and contracts when a fixed-price

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