Sign In
  • Question

    Do assumptions listed in a contractor's proposal become part of the contract and thus the government is liable for them even if they may be counter to government provided technical data?


    Answer

    One of the most common reasons that contractors file contract claims is over the interpretation of a contract, which is based on assumptions about contract terms. It often takes negotiations to resolve such issues. Hard data and explicit language in the contract will almost always trump assumptions, should the contractor's claim become an actual dispute requiring elevation. 

    Does the contract include the Order of Precedence clause at FAR 52.215-8? If so, you can determine in what part of the contract the "assumptions" were made, and then use the order of precedence to see how they relate to the rest of the contract. For example, if the assumptions are based on the specifications, but related information in a section with a higher order of precedence (such as Section J, Documents, Exhibits, Attachments) contradicts the assumption in the specifications, you would be on solid ground by relying on the information in Section J rather than on the “assumptions” in the specifications.


    Open full Question Details