Solutions
'Claim,' Correct Answers 'Claim,' as used in this clause, means a
written demand or written assertion by one of the contracting
parties seeking, as a matter of right, the payment of money in a
sum certain, the adjustment or interpretation of contract terms,
or other relief arising under or relating to this contract..."
(1-1) You have been designated as Inspector on a project. Where
do you find your instructions for administering the contract?
Correct Answers The Contract Administration Handbook, FSH
6309.11 provides uniform instructions to Inspectors, and others
for administering contracts
(1-2) Who has the authority to grant extensions of contract time?
Correct Answers (1-2) The Contracting Officer
A borrow source designated for this contract has been depleted
with 11,500 cubic yards still needed. A new source is found 2
miles farther from the project. How can this be handled and
what allowances can be made in cost? Correct Answers
Negotiate a contract modification with the contractor for
additional work and cost (if the contractor refuses to renegotiate,
the CO must issue a unilateral change order). References: FP-03
Subsection 109.02; FAR 52.243-4 and 52.236-2. Teaching
Points: The Forest Service must provide an alternate source if
the original is inadequate and compensate the contractor for
additional cost; discuss the unilateral change order and the
requirement for the contractor to keep costs.
,A contractor files a claim against the Government with the CO
for extra costs associated with furnishing select backfill. The
claim amount is $122,500. (a) What are the requirements of the
contractor in filing this claim? (b) How long does the CO have
to render a decision on this claim? Correct Answers (a) The
claim must be submitted in writing. The contractor must certify
that the claim is made in good faith, the supporting data are
accurate and complete, and the amount of the claim reflects the
adjustment that the A-11 contractor believes the Government is
liable for. (b) Within 60 days, the CO must render a decision or
notify the contractor of the date when the decision will be made.
Reference: FAR 52.233-1(d). Teaching Point: The differing
requirements for the submission of claims that are $100,000 or
less, and those that exceed $100,000.
A contractor has completed all requirements on the first mile of
construction, except for cleaning up merchantable timber and
slash in a section abandoned where the alignment was changed
to avoid a serious wet area. The contractor has asked the
Government to accept the road. This request has been denied.
While the contractor is completing the cleanup on the
abandoned section, a heavy rainstorm causes small fill failures
and cut slope failures on the completed road. (a) Should the
Government have accepted the road? (b) Who is responsible for
cleanup of the small slides? Correct Answers (a) No, the
Government could have accepted the project for use subject to
completion of cleanup, but could not make a final acceptance of
the project until the unfinished work was complete. (b) The
contractor is responsible for small slides until the project is
complete. References: FAR 52.236-11, and 52.246-12 (i).
Teaching Point: The key word in the question is "should"—the
,request was denied; FAR 52.246-12(i) states that acceptance
shall be made promptly as practicable.
A contractor has completed crushing, has moved out, and has
notified you that the pit is cleaned up. You inspect their work
and find that clearing debris has been shoved back into the pit,
the overburden has been pushed back over the pit floor, the
access road has been ripped up and blocked off, and the large
areas have been seeded. This was not what you had in mind, but
the contract did not mention pit rehabilitation. What action
should you take? Correct Answers (a) Determine if the
contractor's work is within the general contract requirements. (b)
If work meets requirements, recommend that the COR accept; if
not, recommend that the COR issue a work order to comply.
References: FP-03 Subsection 105.02 (a); FAR 52.246-12 and
52.236- 10(c). Teaching Point: In the absence of specific
requirements, inspection must be based on the general
provisions.
A Contractor is working near a live stream and oil from a D9
CAT is spilling onto the ground adjacent to the live stream.
What action should be taken? Correct Answers Issue a Notice
of Noncompliance and the COR should direct the Contractor to
correct the situation immediately. Then contact the Forest
Hazardous Materials Coordinator.. Depending on the size of the
spill, i.e. is it a 'reportable quantity', the spill may need to be
reported to the State department of environmental quality. The
COR/Inspector should have a A-8 copy and be familiar with the
Unit's "Hazardous Materials Response Plan (FSM 2165).
, A pipe 70 inches (1.8 meters) in diameter is delivered to the site
prior to the start of work. The length delivered, 78 feet (24.0
meters), is as shown on the plans. The "as staked" length
required is 69 feet (21.0 meters). The contractor installs the "as
staked" length but requests payment for 78 feet (24 meters). For
what length should the Forest Service pay? Correct Answers 69
feet (21.0 meters) at the contract price.
A road is ready for final inspection, but heavy rains wash out a
culvert and its approach fill. A review of the culvert design
shows that there was an error in drainage area computations and
the culvert specified and installed was only one-half the
diameter it should have been. How do you correct this, and who
assumes financial liability for redoing the work? Correct
Answers Defective design; change order, Forest Service pays.
Reference: FAR 52.243-4. Teaching Points: Distinguish
between contract administration and design problem; the
contractor is not liable for design failure.
AASHTO Correct Answers AASHTO is the American
Association of State Highway and Transportation Officials, the
governing body that writes and publishes design codes for all
highway bridges in the United States.
Acceptance Correct Answers Acceptance: The act of an
authorized representative of the Government by which the
Government, for itself or as an agent of another, assumes
ownership of existing identified supplies tendered or approves
specific services rendered as partial or complete performance of
the contract.