Versar, Inc. - Armed Services Board of Contract Appeals

(4) Directing acceleration in [work] performance.
(b) Any other written or oral order (which: . .includes
direction, instruction, interpretation, or determination) from
the [CO] that causes a change shall be treated as a change
order...;provided...the Contractor gives the-[CO] written
notice [of] (1) the date, circumstances, and source ofthe order
and (2) that the Contractor regards [it] as a change order.
(c) Except as [herein provided], no order, statement, or
conduct ofthe [CO] shall be treated as a change under this
clause or entitle the Contractor to an equitable adjustment.
(d) Ifany change [hereunder] causes an increase or
decrease in the Contractor's cost of, or the time required for,
the performance ofany part ofthe [contract work], whether or
not changed by any such order, the [CO] shall make an
-- equitable adjustment and modify the contract ....
FAR 52.246-1, CONTRACTOR INSPECTION REQUIREMENTS (APR 1984):
The Contractor is responsible for performing or having
performed all inspections and tests necessary to substantiate
that the supplies or services furnished under this contract
conform to contract requirements. . .. This clause takes
precedence over any Government inspection and testing
required in the contract's specifications ....
FAR 52.246-12, INSPECTION OF CONSTRUCTION. (AUG 1996) (Inspection clause):
(b) The Contractor shall maintain an adequate
inspection system and perform such inspections as will ensure
that the work performed under the contract conforms to
contract requirements~. .. All work shall be conducted under
the [CO's general direction] and is subject to Government
inspection and test at all places and at all reasonable times
before acceptance to ensure strict [ contract] compliance.
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