GETTING SCHEDULE EXTENSIONS WHEN GPO IS LATE
pRINTERS ARE ENTITLED TO A SCHEDULE EXTENSION WHEN the GPO OR AGENCY is Late with copy, Materials (GFM) or returning Proofs.
GPO’s Contract Terms Contract Clause 12(c) provides for an automatic schedule extension when GPO or the agency customer is late making the award of contract after bid, or making materials available for pick-up, or returning proofs or furnishing GBLs (but only if you asked for them). Contract Terms gives the printer a one-day extension for every day the GPO (or its agency customer) is late, plus one grace day for each late day, up to a maximum of three grace days. For example, if the GPO is late one day making materials available, the schedule is "automatically" extended by two days (one day for lateness, plus one "grace" day). If the GPO is late four days in making materials available, the schedule would be extended by seven days (four days for the lateness, plus a maximum of three "grace" days). When referring to "days" the GPO is referring to workdays, which are any days the GPO is open.
Although this schedule extension is called “automatic,” you may not get it unless you fill out and fax the Late Copy form letter. The CO may not know the agency was late with copy, or materials, or he/she may forget to give the required extension.
WHY USE THE FORM LETTER? When a GPO vendor is late on more than 5% of the jobs produced, contracting officers can begin to find the printer “non-responsible.” The result of a finding of “non-responsibility” is that the printer will not receive an award. The more critical the schedule, the more likely the contracting officer will find a printer non-responsible for a poor on-time delivery record. Since GPO’s PIC system shows details (including delivery) on all jobs a printer produced for GPO, you cannot escape a poor compliance record.
CHECK YOUR COMPLIANCE RECORD ONCE A MONTH. You may have an accurate record on your ship or delivery compliance—but the GPO Compliance Section (the office that maintains the computer schedule information that all GPO Contracting Officers use to determine contractor’s responsibility to receive a contract) may not have accurate records on your on-time ship or delivery performance. The problem is that a printer may not find out that GPO Compliance records do not reflect the schedule extensions the printer should have been given until he is found non-responsible, and looses an award.
Printers can call GPO Compliance (202-512-0520) to request a copy of their Compliance record by fax. If it is not accurate, call the CO for the job/s that show you late when you were not, or that do not show all schedule extensions. Follow up with Compliance to be sure the corrections were made.
CALCULATING Schedules. GPO contracts have either a “ship” or “deliver” date. "Deliver complete" or "deliver by" requires the product to arrive at destination on or before the specified date. A delivery receipt is needed to prove compliance and for billing.
"Ship" or "Ship by" requires the product to be shipped on or before the specified date. Only a shipping receipt is needed to prove compliance and for billing.
To calculate a schedule or schedule extension, begin counting on the day copy is available for pick-up at GPO or receipt of a proof at the GPO, the next day is "day one".
Accelerated Delivery. On occasion, the GPO or the Agency is late and the printer gets a schedule extension under Contract Clause 12(c), but they still want the printer to meet the original schedule. Schedules and “automatic” schedule extensions are fixed by the contract and are binding on the government too. The GPO can request that the printer ship the job on the original schedule--but cannot "accelerate" the schedule unless the printer agrees. If shipping the job earlier will cause you to expend money on overtime, use of additional or alternate presses or equipment, etc., provide the GPO a quote for the additional cost of early shipment. Contract Terms, Contract Clause 26 allows the printer to charge GPO for "any additional costs incurred for accelerated delivery" if the CO authorized the shorter change (as always, get it in writing; you will need a contract mod to invoice for the additional charges). If they don't accept the additional cost, you can refuse to “accelerate the schedule” (ship the job early).
The GPO may terminate the job if you cannot ship it earlier than the contract schedule (as extended). This would be a termination for convenience of the government, entitling you to collect for all work and materials (plus overhead and G&A) through the date of termination. See Contract Terms, Contract Clause 19.
Copyright © 2000-2007 Frederic G. Antoun Jr. All rights reserved.