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SAE 84

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  1. I have found two cases Flat head contractors Vs Department of agriculture and Big sky contractors Vs department of Agriculture where Board of appeals ruled in favor of contractor and paid entire overage. thanks for your previous input.
  2. less than contract quantity was quote from CO not us. The Question is should I be compensated for the entire overage or only the amount above 15% . I understand VEQ does not apply unless we are seeking increased unit cost. We are not seeking increased unit cost. The FS suplemental language 109.02 add the following "contract quantities will be adjusted only when there are errors in the original design of 15% or more" Our situation contract QTY 1800 CY Actual QTY 2300 CY There is no dispute over actual quantities moved. Contracting officer offering to pay for 1800 Cy at orignal unit price 15% variance 270 Cy no additonal compensation 230 CY at original unit price 2300 CY total volume moved We feel we should be paid for 2300 CY at original unit price. orignal unit price of $30 CY disagreement is approx 7K is there language in FAR, FP-03,case law that defines this situation?
  3. I have a contract with the US forest service that has both actual quantities and contract quantites. The issue is that we have a contract quantity item for embankment (excavation) for slide removal the design quantities was 1800 CY Through pre and post survey we verified that actual quantites were 2160CY approx 20% over. FS suplemental to FP-03 states 109.02- Conatract quantities will be adjusted only when there are errors in the original design of 15% or more. We are of the opinion that we should be paid for all of the additional quantitiy at the original unit price there is no dispute for VEQ. Response from CO when asked for case law or contract langquage on his position: , the best I can provide for you is that it is the Governments intent and position that we do expect the Contract Quantities to vary because of the method of measurement (pre-construction) used. This is stated in the contract as more or less than 15% (SPS 109.02). That is the contract you entered into with us and was in your calculated risk and offer to the Government. As we discussed, if the amount was found to be less that 15%, you would not be due any additional monies. The Government does understand we can only take that risk and variation to a reasonable level and that is why we designate the 15% maximum, is your risk for Contract Quantities. literally taken, the SPS states they will be "adjusted only when there are errors in the original design of 15% or more". they are currently offering to only pay the amount over 15%. Any ideas?
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