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An equitable adjustment, in government contracting, is a contract adjustment pursuant to a changes clause, to compensate the contractor expense incurred due to actions of the Government or to compensate the Government for contract reductions. An equitable adjustment includes an allowance for profit; clauses that provide for adjustments ...
The adjustment should not alter the contractor's profit or loss position from what it was before the change occurred. [2] The Changes clause was first used in defense contracts where it was taken to be essential in time of war for the government to include new technologies without halting work to renegotiate the contract. Changes clauses are in ...
In government contracting, a Contract Adjustment Board is a department board at the Secretariat level in the U.S. Government that deals with disputes and requests for extraordinary relief under Public Law 85-804 [1] of Aug. 28, 1958. [2] In brief: [3]
the government did not act unreasonably. that the government did breach its implied duty of cooperation. that the contractor should have been compensated for the additional Roadway Obliteration of asphaltic concrete. The court also found that the contractor was entitled to an equitable adjustment for the additional 146 tests for asphaltic concrete.
The Contract Disputes Act of 1978 ("CDA", Pub. L. 95–563, 92 Stat. 2383), which became effective on March 1, 1979, establishes the procedures for handling "claims" relating to United States Federal Government contracts. It is codified, as amended, at 41 U.S.C. §§ 7101–7109.
The government claimed that the disputes clause called for finality in all of the agency's findings of facts, not merely in those made in connection with disputes arising under provisions of the contract that contemplate equitable adjustments upon specified contingencies (in this case, Articles 3, 4, and 9), but in connection with "all disputes ...
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Private parties entering into a contract with one another (i.e., commercial contracts) have more freedom to establish a broad range of contract terms by mutual consent compared to a private party entering into a contract with the Federal Government. Each private party represents its own interests and can obligate itself in any lawful manner.