1.4 EXERCISE: HANDLING DISPUTES Directions 1. Read the memo from Norma Jackson to Donald Leader that follows. You will work in two teams to develop either the government's or contractor's position and then present that position during a meeting that Norma has scheduled. Your facilitator will tell you which side your team will represent. 2. Use the information in this module (particularly, table: Criteria for Effective Management of Disputes) to reach some form of resolution. Remember, this is a negotiation rather than a confrontation. The arbitrator may santaswhoor winters to be the a taris oldenogsetScenario: Memorandum TO: Donald Leader, Contracting Officer FROM: Norma Jackson, Contract Specialist I should have informed you earlier, but I thought the problem on the FONI contract concerning the color of the geraniums had been resolved. Now it appears it hasn't. As you may remember, Mr. Lincoln, the contracting officer's representative (COR), was dissatisfied because the flowers that he expected to be bright red turned out pink. We discussed possible formal remedies, but I was told by Mr. Lincoln that the contractor had agreed to replace them, and, therefore, I did not prepare a notice rejecting those plants for nonconformance. Mr. Potts, the president of FONI, just called me, however, to inform us that FONI expected additional payment for replacing these plants. He contends that: . The plants provided the first time were a color traditionally called red . Mr. Lincoln accepted them as satisfactory at the time of installation F.S He only replaced them when directed to do so by Mr. Lincoln I contacted Mr. Lincoln who explained he did not direct Mr. Potts to replace the plants although he did inform Mr. Potts that the pink plants were unacceptable and he would not approve FONI's invoice unless they were replaced. I've scheduled a meeting with Mr. Potts and his attorneys to discuss the problem. I've also asked our legal counsel to attend and hope you can be there as well. By the way, we finally got a letter from Peter. He's doing fine and hopes to come back and visit us as soon as he's able. He did arrive in Pago Pago within the time limit imposed by his uncle's will and plans to remain there the full two years so he can receive the huge inheritance. DOV