Inconvenience Limitation Liability Agreement v3.docx

Inconvenience Limitation Liability Agreement

The proposed contract is a Single Award Indefinite Delivery/Indefinite Quantity (ID/IQ) Time and Material (T&M) contract, with the ability to issue Task Orders (TOs) with fixed price, Labor Hour (LH), and Cost Contract Line Item Numbers (CLINs). The Government will issue TOs for each individual requirement, which may be decreased based on mission needs. In the event a task order must be de-scoped, the following will be in effect:

1. The Contracting Officer (KO), or designated representative, may occasionally cancel a course on short notice before instruction begins, delay its start, or terminate a course early due to a sudden change in requirements or assignments. Each Contractor shall identify, in writing, a designated point of contact to receive and act on notices of course changes, cancellations, or delays. For purposes of this section, a delayed start is defined as a delay of two weeks (ten business days) or more. An early termination/cancellation is defined as a curtailment of two weeks (ten business days) or more. In such cases the Government will reimburse the Contractor according to the following conditions:

a. If the Contractor receives a telephonic notice of such cancellation or delayed start/early termination of a course (followed up with a written letter or e-mail from the KO or designated representative) at least one week (five business days) prior to the scheduled start of instruction/new termination date, the Contractor will not be entitled to inconvenience compensation.

b. If the Contractor receives a telephonic notice of a cancellation (followed up with a written letter or e-mail from the KO or designated representative) less than one week (five business days) prior to the scheduled start of instruction, the Contractor will be authorized payment for one week’s worth of scheduled instruction, up to a maximum of 30 hours.

c. If the Contractor receives a telephonic notice of delayed course start/early termination (followed up with a written letter or e-mail from the KO or designated representative) less than one week (five business days) prior to the scheduled start of instruction/new termination date, the Contractor will be authorized payment for 50% of a week’s worth of scheduled instruction, up to a maximum of 15 hours.

d. For purposes of this clause, scheduled instruction is defined as the number or hours scheduled per week as delineated in the TO. Full-time students will have scheduled instruction for six (6) hours per day, five (5) days per week. Part-time students will received no less than 15 hours of training per week and the exact schedule of instruction will be part of the TO.

2. Ongoing enrolled students will occasionally miss hours or days of instruction due to illness or other excused absence as determined by the Contracting Officer’s Representative (COR). In such cases, the Government will reimburse the Contractor according to the following conditions:

a. In instances where the Contractor has been provided more than 24 hours (one business day) notice in advance of such absence (telephonic notice followed up by a written letter or e-mail), either by the student or by the COR, the Contractor is not authorized to charge for the missed instruction. Such missed instruction is considered “banked hours” and may be rescheduled at the mutual convenience of students and teachers.

b. In instances where the Contractor has been provided less than 24 hours (one business day) notice in advance of such absence (telephonic notice followed up by written letter or e-mail), either by the student or by the COR, the Contractor may invoice as if the instruction was provided. Such missed instructional hours may not be rescheduled without authorization of the COR.

3. There will be no charge to the Government for instruction canceled due to inclement weather or other National/Local emergency conditions. Instruction scheduled for any such day or days may be rescheduled at the mutual convenience of students and teachers. When an "unscheduled leave/liberal/leave/delayed arrival policy” is declared, as determined and announced by the US Office of Personnel Management, a student’s failure to appear for scheduled training will authorize the contractor to charge under the above procedures pertaining to absences (Para. 2b above), unless the student and the Contractor or his designated point of contact, have mutually agreed to cancel class while such policy is in effect, or have agreed to conduct training via distance-learning platform specifically for that day. See http://www.opm.gov/status/ for the Federal Government Operating Status in the Washington, DC, Area.

4. Any cancellations must immediately be provided in writing to the Contracting Officer once all parties are aware of the situation.