Trainee facing · Read aloud
Current situation
Because you stopped the award and worked with Airfield Operations (713 AOS) and Security Forces (713 SFS), every member of Outer Heaven Builders' and Northern Beacon Electric's initial team received complete flightline access in time for the notice to proceed. The Government provided the access it promised.
During performance, Airfield Operations barred Avery Stone, Outer Heaven's C-02-approved onsite superintendent, from the flightline for inappropriate conduct. Because the contract requires acceptable onsite superintendence, work stopped while Outer Heaven nominated a replacement and that new individual completed the established flightline-access process.
Outer Heaven emailed the Contracting Officer one day after the delay began, reporting that the Government had suddenly barred its approved superintendent and that FAR 52.236-6 prevented field construction without an acceptable replacement. The email does not explain why Stone was removed. The order was later accepted four calendar days late. FAR 52.211-12 states $8,500 per calendar day, so the Government is preparing to assess $34,000 in liquidated damages. Outer Heaven requests relief from that assessment without requesting compensation or submitting an REA. Decide whether to grant the requested relief or assess the four days, and identify what fact you need before deciding.
Trainer only · Do not issue
Facilitator context
Use at Increment 7 only after the good [C] response. Release CG-01 and CG-02 initially. CG-01 is a contemporaneous 9 June email and CG-02 is the later liquidated-damages-relief request; both identify Stone's individual removal and both deliberately omit the reason. The email satisfies the timing and written-cause notice in FAR 52.249-10(b)(2), but it does not prove that the cause was beyond contractor control and without contractor fault under paragraph (b)(1). If trainees ask why Stone was barred, what conduct occurred, or what authority Airfield Operations used, release CG-03.
CG-03 shows that Stone entered a controlled movement area without authorization, drove past a hold line after an instruction to stop, disregarded tower and escort instructions, operated without required radio contact, bypassed the approved access point, and threatened Airfield Management personnel. AFI 13-213, paragraphs 4.30.1, 4.30.2, and 4.30.4 authorize Airfield Management action after violations. The memo also confirms that Outer Heaven could nominate a replacement through the already functioning process.
Offer only granting or denying relief, and ask trainees to justify the selection before revealing the consequence. The intended response is to deny relief and assess four days × $8,500 = $34,000. FAR 52.249-10(b) does not excuse contractor-fault delay; FAR 52.236-6 places acceptable onsite superintendence on Outer Heaven; and FAR 11.501 explains that liquidated damages compensate rather than punish. A correct denial based on supposedly late notice is still the wrong rationale because CG-01 was timely. A Contracting Officer should not casually waive a valid assessment: FAR 11.501(d) reserves reduction or waiver to higher-level action with the required Treasury approval.
Trainer clue bank
Regulatory signposts
5 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.
- 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.↗
- FAR52.236-6Superintendence by the ContractorClue: Have trainees locate the contractor’s on-site supervision duty and then distinguish that contractual duty from Government access-control action.↗
- 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.↗