DIFFERENT DRUMMER DRAIN SERVICE

Ms. Joan Wells March 8, 2XXX

Contracting Officer

Public Works Office

222 Perfect Road

Jacksonville, Florida

Re: Contract N62467-XX-X-1234

Dear Ms. Wells:

On January 18, we sent a drain servicing crew to the Public Works office at the telephone request of Mr. Eric

Waters of the Public Works Department. However, when they arrived at 8:47 a.m., Mr. Waters informed the crew that the drain stoppage in the parking area had cleared itself and that their services were no longer necessary. Our firm subsequently invoiced for $3,565.00 for the crews' services and associated indirect costs. We have been informed this amount was not approved by Mr. Waters and will not be paid. He objects to any charge when no work was done, and further objects to being invoiced for 8 hours for each worker who arrived on site.

I claim that this amount is due us. We responded to a request for service from an authorized person. Because of the nature of the problem described to us, we provided two 3-person crews and a field supervisor. These crews were diverted from other assignments to meet this need. By the time we had learned that they would not be needed, we had already contracted replacements to report to the job sites where these crews originally were assigned. Due to union agreements, both the crews sent to the building and their replacements had to be paid for a full day regardless of how many hours they actually worked.

I have calculated the amount due as follows. The indirect rates are our approved billing rates for this fiscal year.

Two 3-person crews, 8 hours @ $62/hr. per crew $992.00

One field supervisor, 8 hours @ $24/hr. 192.00

$1,184.00

Employee benefits @ 31% 367.00

$1,551.00

Overhead @ 65% 1,008.00

$2,559.00

G&A @ 29% 742.00

$3,301.00

Fee @ 8% 264.00

Total $3,565.00

I would appreciate your attending to this matter as quickly as possible.

Sincerely,

William Mend

William Mend, President

Practical Exercise Questions

1. Is this a valid claim? Why or why not?

2. What actions should the CO take next on the claim?

3. Is this claim timely? Why or why not?

4. When, if ever, did interest begin to run on this claim?

5. What other members of the government's team should the CO contact for assistance?

6. What methods of resolving this claim are available to the CO besides denying the claim

outright? Which one would you recommend?

7. How long does the CO have to issue a final decision in this case? What happens if the CO

fails to meet this deadline?

8. If the CO denies the claim, what appeal options does Different Drummer have?

9. How long does Different Drummer have to appeal to these other forums from the date of

receipt of the Contracting Officer's Final Decision?

10. If Different Drummer appeals, what must the CO prepare?