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  1. We won a SCA FFP contract for the maintenance of some sensitive equipment where the RFP stated that the hours of operation where going to be from 8:00am to 4:30pm. We have been performing for the past 2 years without issues. As a matter of convenience - at contract start up- we agreed with the COR (I KNOW) to establish two shifts one from 6:00am to 2:00pm and another one from 2:00pm to 10:00pm. Now the customer wants to change the hours of the contract from 10:00pm to 6:00am. We notify the CO that we will comply but that we will request equitable adjustment. The CO came back saying that DOL notify them that since there is no differentials on price in the SCA rates whether the work is performed on day or night we were not entitled to adjustment. Is this correct? I believe that the DOL argument would have be true if the RFP initially stated that the hours of the contract may vary according to customer needs. However since this was not the case I believe that this would be a material change on the contract terms requiring an equitable adjustment. We have already contacted our lawyers how ever I would like to hear different opinions. Thanks
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