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  • Question

    The delivery order was cut for a specified amount. The shortage of personnel did not allow close monitoring of the contract and the amount of the delivery order was exceeded. This contract was written as a supply contract. Can an equitable adjustment be made to the vendor under a supply contract and what actions need to take place for compensation to be made?


    Answer

    There are several issues about this submission that makes it difficult to render an adequate answer.  Some of those are:
     
    a) Why would the removal of trash be written as a supply contract?
    b) What is contained in the SAF clause to the landfill owners?  Are they the prime contractor?  Are they responsible for collection?
    c)  Did you continue collection without available funds?
    d) Why would the Government knowingly accept services from a contractor and not provide for consideration/equitable adjustment? 
     
    My opinion is that this issue be referred to the applicable contracting officer and responsible legal counsel.  There seems to be more to this case than can be addressed in an Ask A Professor submission.
     

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