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While performing on the incumbent contract, Texas Waste escalated a complaint about the CO’s handling of a request for equitable adjustment, and then he was removed from the contract. The evidentiary threshold to proving CO bias is extremely high. As a general matter, GAO presumes government officials act in good faith.
Key elements of the Changes Clause include: Authorization for the Contracting Officer to make changes Contractor’s right to an equitable adjustment Time limits for submitting change proposals Understanding this clause is essential for effective contractadministration.
But do note that REAs above the simplified acquisition threshold submitted to agencies in the DoD require a two-prong certification. Typically, the contractor can rely on the same core document – but add a request for a Contracting Officer’s Final Decision, Sum Certain, and Certification (if required).
Examples of contract-specific limitations on cost include negotiated dollar value thresholds for compensable changes and caps on rates proposed to make a contractor’s proposal more competitive. Limitations in FAR Subpart 31.2 19] KBR Servs., 57530, 19-1 BCA ¶ 37,205. [20] 20] Teledyne Indus., Geotech Div. 21] FAR 31.001. [22]
To be at the 100-employee threshold, the employer must be a “business enterprise that employs— (i) 100 or more employees, excluding part-time employees; or (ii) 100 or more employees, including part-time employees, who in the aggregate work at least 4,000 hours per week, exclusive of hours of overtime.” [57]
Standardized reporting: Customers require visibility into financial information for contractadministration, cost control, chargeback and budget management/forecasting (i.e., FinOps: At first, contractors were required to monitor and automatically suspend cloud services when consumption reached certain thresholds.
EPA Clauses The FAR If a contractor has a contract with a Federal Acquisition Regulation (“FAR”) Economic Price Adjustment (“EPA”) clause—which was designed to protect the Government and the contractor from cost fluctuations—then at least a partial remedy should be available through that clause. [17] See, e.g., CESC Plaza Ltd.
Particularly, what does the contract say? If the contract follows the Uniform Contract Format , the first place to look is Section F (Deliveries or performance), Section G (Contractadministration data), or Section H (Special contract requirements). [13] 13] See FAR 15.204-1. [14] FAR 37.115-3. [18]
Rather, FSS contracts include a $2500 guaranteed minimum over 20 years with the opportunity to compete for task and delivery orders. And remember, competing for orders requires consistent, long-term investment by FSS contractors above standard contractadministration costs.
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