Whether you are a CEO or an entry-level contract administrator, if you have a federal government contract, you must get into the weeds and watch what goes on daily. Suppose any question arises about contract interpretation, interference from government employees, defects in the specifications, or any oral direction from any government employee. In that case, you must immediately notify the contracting officer of a constructive change in your contract. The contracting officer must direct you on what the contracting officer wants you to do.
Who is your contracting officer? Not the COR or the project manager. It's the person with the warrant. Find out who that is and make a nuisance of yourself if you have to by importuning him for clear direction. Only perform extra out-of-scope work if it is directed in writing by the contracting officer. The default is you must perform the job, but there are exceptions. Consult your lawyer.
Do not volunteer to do extra work. Do not even think about it. Take it to the contracting officer. What if you cannot find her? Keep trying and turn the matter over to your lawyer.
That's the way we do government contract business.
For the best course on change management:
Announcing a Free Webinar for All Levels of Experience
Spriggs Law Group, with over 50 years of experience, invites your organization to reserve up to six people to attend a 60-minute Zoom webinar during which Mr. Spriggs will discuss the topics listed below, and he will answer questions. You and they will receive a copy of the 28-page slide PowerPoint written presentation and a copy of the meeting recording.
• How to excel at contract management.
• Identifying the contract performability risks and language conflicts.
• Monitoring contract performance to spot changes and compensable delays.
• Identifying constructive changes and engagement with the warranted contracting officer.
• Implied by law government obligations.
• Timing and staffing of dispute resolution, including negotiation and ADR.
• REAs, claims, calculating damages, transparency, appeals, and declaratory judgments.
• Terminations and subcontracts considerations.
Email me with at least two suggested dates and times. I also will need the participants' email addresses so I can send them the Zoom invitation. bill@spriggslawgroup.com
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