Con90 Essay

8640 Words Jun 30th, 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
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(2) If a cost-reimbursement contract is contemplated, the contracting officer shall use the clause with its Alternate I.
(c) The contracting officer shall insert the clause at 52.242-17, Government Delay of Work, in solicitations and contracts when a fixed-price contract is contemplated for supplies other than commercial or modified-commercial items. The clause use is optional when a fixed-price contract is contemplated for services, or for supplies that are commercial or modified-commercial items.
8. If a contract contains the clauses in your answer to #7, is the contractor entitled to any type of adjustment in contract terms if the contracting officer causes a delay or interruption in the contract work? If yes, what type of adjustment? an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or

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