The Government’s right to inspect, test and subsequently accept or reject the work performed is limited by the standard of work that is required under the contract.

        If the contract specifies particular test or tests which establishes the standard of performance, the Government may not utilize a different test that attempts to establish a higher standard of performance.

Astro Dynamics, Inc., ASBCA 28381, 88-3 BCA ¶ 20,832;

C&D Lumber, Inc., VABCA Nos. 2877, 3204, 91-1 BCA ¶ 23,544;

Max Blau & Sons, Inc., GSBCA No. 9827, 91-1 BCA ¶ 23,626.

"If the Government agrees to a standard for acceptance or rejection, it must subject the supplies to that test before rejecting."

Tucker and Associates Contracting, Inc., IBCA 1468-6-81, 83-1 BCA ¶ 16140

        A contractor who is directed to perform to a higher standard, based upon the Government’s utilization of an improper acceptance criteria, a constructive change to the contract may be found, entitling a contractor to an equitable adjustment.

Xplo Corp., DOTCAB 1246, 86-2 BCA ¶ 18,871;

Allstate Leisure Prods., Inc., ASBCA 35614, 89-3 BCA ¶ 22,003.

Back to Home