Trainee facing · Read aloud
Current situation
During selective demolition at Campbell Hall, Peace Walker Infrastructure Partners, LLC, the MACC prime, discovers asbestos-containing material inside approximately ninety-five percent of the wall systems. Historical Government information indicated that only about five percent of the walls were affected. The material was concealed, and most interior renovation cannot safely continue until abatement is completed.
Current task-order funding cannot support the expanded abatement. Obtaining additional funds, modifying the order, and completing prioritized abatement will keep wall-disturbing interior renovation paused for several weeks. Peace Walker proposes substituting the Mother Base Community Support Center for Campbell Hall, noting that the buildings are similar in size, equally urgent, and expected to cost within the same general range.
Trainer only · Do not issue
Facilitator context
Release at Increment 9 and refer trainees back to the retained [E] file. This combines a likely latent differing site condition with a tempting out-of-scope building substitution before later interior-progress and wage events. Keep the asbestos issue separate from the proposed separate acquisition.
Release E-06 when trainees test whether the two buildings actually require comparable work or whether the substitution remains within scope. It supplies neutral facts about the different floor plans, materials, roofing, drainage, kitchen, plumbing, fire-suppression work, delivery conditions, price records, and acquisition status; trainees must apply the governing scope and competition rules. If trainees instead question whether the expanded asbestos work may remain on the Campbell Hall order, release F-08. That legally concurred determination answers only that narrow question and prevents the exercise from becoming a second scope dispute. Preserve the Campbell Hall contract and address the asbestos notice, entitlement, segregated price, schedule, mitigation, funds, certification, and modification within this event. Deny the building substitution and acquire the Community Center separately through a properly scoped MACC order or another lawful acquisition after verifying scope, ordering period, ceiling, design limits, and fair opportunity. Offer only the two listed responses and state their consequences within [F].
Trainer clue bank
Regulatory signposts
12 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.
- FAR52.236-13Accident PreventionClue: Use the clause to frame immediate safety action, contractor responsibility, and the Government’s authority to require correction of noncompliance.↗
- CFR29 C.F.R. § 1926.1101Asbestos in constructionClue: Use this as the occupational-safety trailhead for regulated areas, exposure assessment, work practices, competent-person duties, training, and records.↗
- FAR52.236-2Differing Site ConditionsClue: Ask whether the facts fit either defined type: a subsurface or latent condition materially different from the contract, or an unknown unusual condition materially different from what the work ordinarily entails. Prompt written notice before disturbance triggers a Contracting Officer investigation; it does not make a patent, reasonably observable wall compensable.↗
- FAR52.242-14Suspension of WorkClue: Use the clause to examine written suspension authority, unreasonable Government-caused delay, notice, adjustment, and exclusions.↗
- FAR16.505OrderingClue: Ask whether the contemplated order is within the base contract’s scope, ordering period, and ceiling, and what fair-opportunity procedure or documented exception applies.↗
- 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.↗
- FAR43.204Administration of modificationsClue: Direct trainees to agreement-in-advance, prompt definitization, cost segregation, and documentation considerations.↗
- DAFFARS5343.102-90Contract scope considerationsClue: Document whether a proposed modification remains within scope by examining changes in type of work, performance period and cost; whether the original solicitation advised offerors of the potential change; and whether the change materially alters the field of competition. Similar value or use of the same MACC does not make different-facility work in scope.↗
- FAR16.505(a)(10)Protests of ordersClue: The modeled Community Support Center requirement is valued at $31.20 million, above the current DoD task-order protest threshold. A disappointed MACC holder may protest at GAO; an allegation that the Government used an out-of-scope modification to avoid fair opportunity supplies the modeled protest theory.↗
- FAR43.105Availability of fundsClue: Ask trainees to confirm funds before increasing the price or authorizing work that could increase the Government’s obligation.↗
- DFARS243.204-71Certification of requests for equitable adjustmentClue: Point out that the DoD REA certification and the Contract Disputes claim certification are different; ask which one the submission and amount trigger.↗
- 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.↗