Posted: May 4th, 2016

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November 5, 1999. The contracting officer notified Conrad that the required GFM was not available and that the Government planned to convert the balance of the contract to Contrctor-Furniched Material (CFM). At that time, Conrad estimated that 95,000 yards of material would be required to complete the balance of the contract (39,584 units).

November 19, 1999. The contracting officer issued a unilateral change converting the outer shall material from GFM to CFM. At that time, Conrad indicated that a 3-4 weeks of uncut GFM inventory remained and projected a 5 to 6 week lead time for receipt of the CFM.

January 5, 2000. Conrad submitted a request for equitable adjustment (See attached file for data)

February 1, 2000. The Contracting Officer requested assistance from the ACO cognizant auditor and technical personnel.

February 28, 2000. Technical personnel found that:

– Conrad purchased a reasonable amount of material.
– The proposed Material Overhead was excessive for the effort involved, issuing and administering a single purchase order. Estimated actual cost was $250.

February 28, 2000. The cognizant auditor did not question any of the proposed cost. The auditor did comment that the proposed indirect rates complied with the current Forward Pricing Rate Agreement (FPRA)

March 5, 2000. The contracting officer developed a negotiation position based on the audit and technical reports. (See attached file for data)

March 31, 2000. After weeks of negotiation, the contracting officer and the contractor could not reach agreement on an equitable adjustment. The major areas of difference were Material Overhead and Profit. As a result, the contractor submitted a claim seeking payment under the disputes clause of the contract. (See attached file for data)