So they are telling me to use a equitable adjustment clause for this requirement. I looked that over in the FAR and the clauses 52.245-2, -5, -4, -14, -15, and -17 do not make any sense to me in regards to this contract. How can we bond a service contract so that way we know if they default again we are covered?
Construction means construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property. For purposes of this definition, the terms “buildings, structures, or other real property” include, but are not limited to, improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, cemeteries, pumping stations, railways, airport facilities, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals, and channels. Construction does not include the manufacture, production, furnishing, construction, alteration, repair, processing, or assembling of vessels, aircraft, or other kinds of personal property (except that for use in FAR subpart 22.5, see the definition at FAR 22.502).
I do not believe that quarrying rock is construction- it is services.
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