Trainee facing · Read aloud
Current situation
Because you did not request and incorporate either the lower A-06 stage design or the rerouted B-05 HVAC requirement before saying the packages were ready to award, the original A-02 elevation and straight B-03 route were locked into the task orders. The Government allowed a foreseeable conflict and contractor reliance.
Outer Heaven Builders reports that the stage’s upper framing and lighting-and-sound support grid cannot be installed as designed because HVAC ductwork, conduit, and supports now occupy the required space. Its HVAC subcontractor, Zanzibar Mechanical, has completed approximately seventy percent of the affected installation. AB-01 requests $280,000 and a 14-calendar-day extension to demolish, redesign, and reinstall the affected work.
Civil Engineering’s late comparison confirms that the Government required two impossible completed configurations and that HVAC relocation is the least-disruptive correction. The Contracting Officer has used the construction Changes clause, FAR 52.243-4, to issue a written change order directing the revised HVAC route so work can proceed. Government responsibility for the design conflict is established. Decide whether to accept or deny the resulting REA, and explain the facts and analysis supporting your choice.
Trainer only · Do not issue
Facilitator context
Use at Increment 4 when trainees approve both packages without first incorporating either A-06 or B-05. Even a team that noticed the interface enters this branch if it said the unrevised packages were ready. Present the written FAR 52.243-4 change order as an established fact and issue the formal HVAC relocation REA in this event.
State the intended entitlement fact rather than inviting the team to relitigate it: the Government's conflicting awarded requirements caused the rework. Release only AB-01 at first. Release the single consolidated AB-02 when trainees ask for price, quantities, the subcontractor quote, demolition or conduit replacement, segregation, salvage, mitigation, schedule, critical-path, or concurrency support. Once requested, AB-02 is deliberately adequate: it supports the full $280,000 and 14 days, includes salvage and mitigation credits, and shows no concurrent contractor delay. Do not plant a hidden quantum defect.
Offer only three dispositions: accept AB-01 without requesting AB-02; obtain and analyze AB-02 before accepting the supported adjustment; or deny the REA. The first produces only the modeled audit finding for inadequate price analysis. The second is strong because AB-02 supports the full amount and time after appropriate analysis. For denial, ask whether a written change order under FAR 52.243-4 entitles the contractor to an equitable adjustment for the altered work, then return the team to one of the acceptance paths. Trainees explain the process but create no documents. The $280,000 amount is below the current $350,000 DoD REA-certification threshold.
Trainer clue bank
Regulatory signposts
8 sourcesDirect trainees to a citation when they need a narrower clue. Have them apply the contract’s actual clauses, current thresholds, local policy, and the facts before treating any signpost as dispositive.
- FAR52.243-4ChangesClue: Have trainees identify whether the proposed direction fits an enumerated change and what notice, adjustment, and written-order rules apply.↗
- FAR15.404-1Proposal analysis techniquesClue: Use price analysis and, when appropriate, cost analysis of data other than certified cost or pricing data to support a fair and reasonable modification price. Compare the REA with the Government estimate, actual and segregated costs, technical quantities, schedule effects, salvage, mitigation, indirect costs, and profit rather than treating entitlement as proof of quantum.↗
- FAR43.103Types of contract modificationsClue: Use a bilateral supplemental agreement to reflect a negotiated equitable adjustment; distinguish that agreement from a unilateral change order.↗
- FAR43.204Administration of modificationsClue: Direct trainees to agreement-in-advance, prompt definitization, cost segregation, and documentation considerations.↗
- FAR43.105Availability of fundsClue: Ask trainees to confirm funds before increasing the price or authorizing work that could increase the Government’s obligation.↗
- DFARS252.243-7001Pricing of Contract ModificationsClue: When costs are a factor in the adjustment, apply the FAR part 31 and DFARS part 231 cost principles and procedures in effect on the contract date.↗
- DFARS252.243-7002Requests for Equitable AdjustmentClue: Compare the REA amount with the current simplified acquisition threshold and inspect the required DoD certificate at the time of submission.↗
- DAFI / AFIDAFI 32-1020, ¶ 3.5.4.2.1REA costs and project thresholdsClue: Treat an REA as a funded cost of the construction project when checking statutory thresholds. Before obligating an accepted adjustment, Civil Engineering must confirm that the revised total remains within project authority or complete any required reapproval and notification.↗