Trainee facing · Read aloud
Current situation
Because you awarded the task order without first resolving the difference between installation entry and controlled-flightline permission, the contractor could enter Shadow Moses but could not reach any part of the runway work area.
Outer Heaven's crew arrived at the controlled-flightline entry point on the first scheduled morning. Its same-day email reports that installation credentials were accepted but no contractor employee was allowed inside because the special flightline credentials were not ready and were expected to take several days. The contractor had supplied all personnel information requested by the award package, but Airfield Operations (713 AOS) and Security Forces (713 SFS) had not completed the separate work-area authorization.
The special authorization is issued on 5 June, and work begins immediately. Because every scheduled activity required entry to the same controlled work area, no alternate contract work was available during the four inaccessible days. The ready crew and equipment remained available, reasonable mitigation was attempted, no concurrent contractor delay existed, and completion moved day-for-day from 21 June to 25 June.
Outer Heaven requests a four-day extension and corresponding relief from $34,000 in liquidated damages. Its same-day notice and relief letter request no compensation or REA. Decide whether to grant or deny that relief, and explain why.
Trainer only · Do not issue
Facilitator context
Use at Increment 7 only after trainees selected award as-is at [C]. Release only CB-01 and CB-02; unlike the [CG] documents, these records say that none of the contractor personnel received the separate flightline authorization. CB-01 was sent the same morning the delay began and satisfies the 10-day written-notice timing in FAR 52.249-10(b)(2). Under the stipulated facts, the Government issued the order while permission to enter the Government-controlled work location was missing; the entire four-day critical-path delay was Government-caused, reasonably mitigated, and free of concurrent contractor delay.
Offer only granting or denying the requested liquidated-damages relief, and ask trainees to justify the selection before revealing the consequence. Granting the four-day extension and removing $34,000 from liquidated-damages exposure is correct when tied to FAR 52.249-10(b), the timely notice, Government cause, critical-path effect, mitigation, and lack of concurrency. Denial is incorrect on the stipulated record. Granting simply because the contractor asked is the right answer for the wrong reason.
CB-01 and CB-02 are the complete handout set; there are no prompt-only records in this branch. CB-02 requests no compensation, so keep any hypothetical monetary delay request outside this event and retain the focus on contract time and liquidated damages.
Trainer clue bank
Regulatory signposts
7 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.
- FAR36.212Preconstruction orientationClue: Use this as a checklist clue for labor standards, authority, safety, security, fire protection, access, and coordination topics that should be settled before work starts.↗
- FAR52.204-9Personal Identity Verification of Contractor PersonnelClue: Use this to distinguish the credential needed for routine physical access to a federally controlled facility from any additional local authorization required for a controlled work area. In [C], the personnel can enter the installation but still lack flightline permission.↗
- DAFI / AFIDAFI 13-213, ¶¶ 2.8.20, 4.28-4.30Contractor airfield access, training, and suspensionClue: Non-base contractors require local airfield coordination; a base credential is not an AF Form 483, controlled-movement-area authorization, or local flightline permission. Paragraphs 4.30.1 and 4.30.2 authorize Airfield Management and designated officials to suspend or revoke individual privileges, and paragraph 4.30.4 supplies controlled-movement-area consequences. Distinguish an individual safety revocation from a Government failure to provide the work-area access promised to the contractor as a whole.↗
- FAR52.236-15Schedules for Construction ContractsClue: Prompt trainees to look for the approved schedule, current progress, corrective action, and the effect of the event on remaining work.↗
- FAR52.249-10Default (Fixed-Price Construction)Clue: Paragraph (b)(1) requires an unforeseeable cause beyond contractor control and without contractor fault or negligence. Paragraph (b)(2) separately requires written notice of the causes within 10 days from the beginning of delay unless the Contracting Officer extends the period, then directs the Contracting Officer to ascertain the facts and extent. Timely notice preserves the inquiry; it does not prove excusability or monetary entitlement.↗
- FAR52.211-12Liquidated Damages—ConstructionClue: The exercise clause fill-in is $8,500 for each calendar day of delay. Four unexcused days equal $34,000. Apply the contract rate only after deciding whether the delay is excusable.↗
- FAR11.501Liquidated-damages policyClue: Liquidated damages compensate for probable harm and are not a penalty. Paragraph (d) also prevents a Contracting Officer from treating reduction or waiver of a valid assessment as an informal discretionary act; the stated higher-level and Treasury approval applies.↗