Trainee facing · Read aloud
Current situation
Diamond Dogs Civil Works, LLC is well into the Shadow Moses Command Post whole-building renewal. Colonel Campbell needed the operational SIPR room early for Sneaking Mission briefings, so the Contracting Officer authorized Government possession and use of that room before completion of the rest of the building.
Before possession, the Contracting Officer furnished Diamond Dogs a room-specific remaining-work list: replace two ceiling labels, touch up paint beside the secure door, and complete final controls labeling. The list did not identify repair of the broad wall surface as remaining work. Several days after Command Post personnel began using the room, they reported a large horizontal scratch across that newly finished wall.
Diamond Dogs states that it is not responsible for damage resulting from Government possession or use. The contract nevertheless requires completed wall surfaces to be unmarred and free of visible scratches. Determine what facts and records must be established before deciding who is responsible and whether correction remains contract work.
Trainer only · Do not issue
Facilitator context
Release at Increment 19 after the [G]/[H] exterior decision and after the Contracting Officer has already authorized early possession of the SIPR room. Use [O] after either Command Post response. Do not turn the event back into a question about whether authorization was required or obtained.
The contractor's opening statement is legally plausible but factually incomplete. FAR 52.236-11(b) relieves Diamond Dogs only for loss or damage resulting from Government possession or use. A strong team first investigates causation. O-07 then shows that the scratch was already present immediately before possession; if it instead showed an undamaged wall, responsibility would reverse.
After O-07, roleplay Diamond Dogs' fallback claim that possession, continued use, and the omission from the remaining-work list amount to acceptance. FAR 52.236-11(a) closes both asserted loopholes: an omitted item remains the contractor's responsibility under the contract, and Government possession or use is not acceptance. The modeled file contains no separate acceptance record; O-01 documents possession only. FAR 52.246-12 supports correction without charge unless the Government affirmatively accepts the nonconforming finish with an appropriate price adjustment.
Require Diamond Dogs to repair the pre-possession scratch as contract work. Keep that result separate from any proven delay or additional expense caused by Government possession, which FAR 52.236-11(b) addresses through a written equitable adjustment in price or completion time. State all consequences within [O]; do not create [OG] or [OB].
Trainer clue bank
Regulatory signposts
4 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.