ESSON 3 | TASK AND DELIVERY ORDERS AND BASIC ORDERING AGREEMENTS Scenario: Memorandum TO: Terry O'Day, Contract Specialist FROM: Carl Customs, COR RE: Profitable Building Services, Contract No. FCA-FY-C-2121 I want to call your attention to some additional problems that arose recently on the Profitable contract. These appear more serious than what has occurred earlier. Overall, the contractor's performance seems to be satisfactory. When appropriate, however, we have made the payment reductions as called for in the contract. These more recent problems, in my view, are not covered by the deduction schedule and will have to be resolved in some other way. 1. Raking Leaves: The contractor has refused to rake leaves off lawns, sidewalks, and parking areas, contending that leaves are neither dirt nor trash as specified in PWS, paragraph 5.10. Removal of leaves had been intended to be covered by this contract but apparently was overlooked when the requirements were drafted. Although the building exterior is becoming unsightly, the problem will not be urgent until this fall. Something must be done by then. 2. High Cleaning: Paragraph 5.9, PWS requires the contractor to clean the upper portions of offices, hallways, and so forth as needed in order to achieve an overall appearance of cleanliness. According to the cleaning schedule submitted, this work should be well under way. What happened is that an OSHA inspector conducted a survey of our building and observed contractor employees reaching sideways to clean vents and other surfaces from ladders. The inspector directed them to discontinue that work and use scaffolding instead. However, scaffolding cannot be erected in most areas because furniture is in the way. The contractor will not accept a deduction where the high cleaning cannot be performed unless the government is able to suggest a practical way to accomplish this requirement. We have not been able to identify one. 3. Employee Dispute: When the additional clothes lockers requisitioned for the contractor's employees failed to arrive by the expected date, the contractor's employees, in protest, systematically refused to empty office wastebaskets as specified in paragraph 5.2, PWS. The contractor contends this is a work stoppage due to a breach of contract on the part of the government. Meanwhile, we have added a temporary worker to our maintenance staff at our expense who is assigned solely to this task. 4. Defective Product: The contractor obtained a quantity of marble cleaner that it had used successfully on prior contracts. This cleaner leaves an unacceptable dull and streaked finish. The contractor is willing to obtain a