The Subcontract contains the standard Variation is Estimated Quantity Clause (FAR 52.212-11), which states:

"If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. ..." (Emphasis Added).

The Board has also specifically held that a contractor is entitled to an equitable adjustment when the variations exceed the estimate, by the stated 15%.

C.F. Bean Corporation, ENG BCA No. 4537, 86-3 BCA ¶19,283 (1986).

In cases where variations exceeded the estimates, the Board has also granted costs allowable under the Contract Disputes Act.

C.F. Bean, Supra. (Equipment cost and interest recoverable on the adjustment pursuant to the Contract Disputes Act)

Aoki Corporation, Supra. (Cost associated with the variation, including labor, markups and profits.)

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