Tuesday, August 11, 2015

Contract "Over and Above Work"

Contracts for the performance of maintenance, overhaul, modifications, and repair of various items (e.g. aircraft, engines, ground support equipment, ships) usually contain over and above work requirements. When they do, the contracting officer must establish a separate contract line item for the over and above work.

The over and above clause requires contractors to identify needed repairs and recommend corrective action during contract performance. The contractor submits a work request to identify the over and above work and, as appropriate, the Government authorizes the contractor to proceed.

The clause (DFARS 252.217-7028) also requires the contractor and the contracting officer responsible for administering the contract to negotiate specific procedures for Government administration and contractor performance of over and above work requests.

Not all over and above work requests are accepted. Most of us have had the experience of taking our car in for servicing only to have the mechanic call back to tell you that in addition to the problem you brought the car in for, he found some other items that needed fixing. The same applies to over and above requests. Contracting officers are inherently suspicious when told that something not in the initial scope of work had been discovered and needed fixing.

One of the biggest problems in this are involves disputes over what was considered base contract work and what is included in over and above work. In this regard, clearly written solicitations and contracts will help alleviate many of those issues.

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