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Non-priced Performance Period Extension of Fixed-Price FSS Order
By Anonymous on Thursday, December 20, 2001 - 04:31 pm:

The PCO gave the contractor written notification (not a SF 30, modification) to continue work XXX number of days beyond the contract expiration date on a firm-fixed price task order. After the work was completed, the contractor submitted an astronomical proposal. The PCO refuses to negotiate the price because it's a FFP supply schedule order. I was always taught that it is okay to try to negotiate price whenever possible--FSS or not. What's your opinion?


By formerfed on Friday, December 21, 2001 - 08:20 am:

You can negotiate price on FSS. In fact, the GSA ordering guidance tells agncies to do that as the dollar value of the order gets larger.


By Anonymous on Friday, December 21, 2001 - 09:25 am:

Further explanation from Anon. 12-20, 4:30 p.m. I realize the labor rates and other cost elements are set by the GSA contract, however, can't the PCO challenge the labor categories and hours billed?


By Vern Edwards on Friday, December 21, 2001 - 09:51 am:

We need more info. The nature of the problem is not clear.

There was an FFP order against a GSA FSS contract. What kind of order--supplies or services? You say that the PCO "gave the contractor written notification (not a SF 30, modification) to continue work XXX number of days beyond the contract expiration date... ." I don't understand. What does that mean? What did the PCO do?

If the order was for supplies, did the PCO change the delivery date? If so, why? Was there a government-caused delay or did the contractor experience some other excusable delay?

If it was for services, did the PCO extend the period of performance for the original task or did the PCO order more services?

What was the basis for the astronomical proposal? Why is the PCO refusing to negotiate? Why does the contractor want to negotiate?

You can negotiate GSA FSS prices before you place an order, but after you place an order the issue becomes more complicated.


By Anonymous on Friday, December 21, 2001 - 11:58 am:

More clarification from from Anon. 12-20.

The contractor provided non-personal SERVICE. The PCO's written notification simply stated the contractor could continue working until a certain date. There was no explanation as to what the contractor would be doing for the order extension period. Yes, the extension was granted on the task order because of a Govt-caused delay. The proposal is suspiciously high because of the labor categories proposed and the number of hours. I don't understand why the PCO is relunctant to try to negotiate or even question the billed price. The contractor is very happy about the PCO's relunctance because she (contractor) simply wants to be paid what she billed with NO QUESTIONS ASKED! The nature of the problem is the PCO's lack of interest in saving the taxpayers some money.


By Vern Edwards on Friday, December 21, 2001 - 12:49 pm:

Well, I think you've answered your own question. The PCO appears to be willing to pay the contractor at the stipulated hourly rates without investigating the validity of the delay claim.

What can we say? Maybe your PCO is Santa Claus.


By Anonymous on Friday, December 21, 2001 - 12:50 pm:

If this really was a ffp order, I do not understand why the contractor worked without a funded mod. Don't understand why the Contractor thinks they will get paid? Almost sounds like it has to be treated as a claim?

Sounds like it is being treated as if it were labor hour?

So many questions.

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