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action additional adjustment administrative agency agree amount answer appeal boards arising Armed Services Board authority basis believe board members boards of contract breach Chairman clause committee concerning Conference contract appeals contracting officer contractor cost Counsel course Court of Claims decide decision Department determination direct disputes clause effect evidence existing fact FAIRBANKS Federal feel final function give given Government hearing independent interest involved issue judicial jurisdiction letter limited matter mean ment MILLER Nash opinion particular parties payment performance perhaps PETROWITZ practice present prime problem procedure proceeding procurement Professor PETROWITZ question reason record remedy represent respect rules seems Senator MONTOYA serve settle SHAFER situation specific SPECTOR statement subcommittee subcontractor suggest talking termination Thank thing tion WARREN Washington WELCH WHELAN
Page 19 - Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract.
Page 23 - And provided further, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Government to the Contractor under this contract or shall otherwise be credited to the price or cost of the work covered by this contract or paid in such other manner as the Contracting Officer may direct ; (8) Complete performance of such part of the work as shall not have been terminated...
Page 18 - Contractor of the notification of change, provided, hovyever. that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract.
Page 17 - Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor.
Page 18 - The Contracting Officer may at any time, by a written order, and without notice to the sureties, make changes within the general scope of this contract, in any one or more of the following: (i...
Page 101 - If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly.
Page 114 - ... no sanction shall be imposed or rule or order be issued except upon consideration of the whole record or such portions thereof as may be cited by any party and as supported by and in accordance with the reliable, probative, and substantial evidence.
Page 23 - Such claim shall be submitted promptly but in no event later than one year from the effective date of termination, unless one or more extensions in writing are granted by the Contracting Officer upon...
Page 114 - Except as statutes otherwise provide, the proponent of a rule or order shall have the burden of proof.