A Contractor's bid is based on its ability to perform the Contract in the most cost and time efficient manner possible. The success of its performance is dependent on the mutual cooperation between the Government and the Contractor. Courts have recognized the need for the Government to aid the Contractor's performance. They have implied in each Contract a duty of the Government to cooperate with the Contractor, and not to impede its performance. If the Government fails in its implied duty, the Contractor is entitled to an Equitable Adjustment to the Contract for any delay or added costs incurred. Courts have held that the Government breaches its implied duty by:
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taking an unreasonable time to approve drawings and submittals, by failing to approve drawings and submittals, or by failing to make necessary changes in the drawings or specifications.
M.C. Hodom Construction Company, Inc., GSBCA Nos 8532, 8772, 88-3 BCA ¶20,903 (1988) (Government's failure to approve shop drawings and other submittals for 63 days when parties agreed to 14 days was unreasonable);
G. Gliudzius Contractors, Inc., ASBCA No. 37797, 90-2 BCA ¶22,835 (1990) (Government unreasonably delayed the commencement of the work by not approving a Contractor Quality Control Plan for 19 days);
Bruno Law v. U.S., 195 Ct Cl. 370, 16 CCF ¶80,286 (1971) (Government failed to approve use of non-standard components in a timely manner. Even if Contract provisions did not specify time for review, it is implied to be reasonable);
Norair Engineering Corporation, ENGBCA Nos. 3804, 3823, 4075, 4105, 4135, 4202, 4379, 4559, 4579, 90-1 BCA ¶22,327 (1990);
Pilcher, Livingston & Wallace, Inc., ASBCA No. 13391, 70-1 BCA ¶8331 (1970).
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Failing to respond to reasonable inquires for clarifications of defective, ambiguous or inconsistent Contract documentations or failed to respond in a reasonable time.
La Crosse Garment Mfg. Co. v. U.S., (1970) 193 Ct. Cl. 168, 432 F.2d 1377, aff'g. ASBCA Nos. 10133, 10217, 10291, 10920, 10949, 66-2 BCA ¶ 5822, ASBCA No. 11493, 67-1 BCA ¶ 6359
Vogt Bros. Mfg. Co. v. U.S. (1963) 9 C.C.F. ¶ 71,991, 160 Ct. Cl. 687
CML-Macarr, Inc., ASBCA No. 19950, 76-2 BCA ¶ 12,047 (1976) (Government refused to clarify ambiguity or explain why standards not available from Government publications center)
Electromagnetic Industries, Inc., ASBCA No. 11485, 67-2 BCA ¶6545 (1967)
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Failing to respond to contractor's request for guidance or failing to respond in a timely manner, resulting in a delay.
Thomas Electric, Inc., ASBCA Nos. 30832, 30899, 30900, 30901, 89-1 BCA ¶ 21,516 (1988)
Norair Engineering Corporation, ENG BCA Nos. 3804, 3823, 4075, 4105, 4135, 4202, 4379, 4559, 4579, 90-1 BCA ¶ 22,327
Hardie-Tynes Mfg. Co., ASBCA No. 20582, 76-2 BCA ¶ 11,972
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