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  • Question

    Even though the contractor only provided 5 contractors to date, can he invoice for all 7 contractors? If he only provides 5 contractors, and the contract calls for 7, is he not in accordance to the terms and conditions of the contract?


    Answer

    If the contract specifies that seven persons will perform the requirement and only five have actually worked, the contractor has not fulfilled its obligation. Sometimes a contractor will claim that the reduced number of personnel were able to fulfill the requirement instead of the number of persons originally envisioned. However, that is subject to judgment. Both the contract and the line item are structured around paying for seven workers. If only five were provided, the invoice should reflect only those five. The contracting officer should require a corrected invoice. If this were a true "performance-based" contract, the number of workers would not have been specified. However, this is not the case here.

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