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?