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Government Estimates
Exculpatory clauses notwithstanding, contractors are entitled to rely on government estimates and, although the government “is not required to be clairvoyant . . . it is obliged to base that estimate on all relevant information that is reasonably available to it.” Womack v. United States, 389 F.2d 793, 801 (Ct. Cl. 1968). The burden of proving the estimate is unreasonable is on the appellant. Apex International Management Services, Inc., ASBCA Nos. 37813, 38178, 38224, 38278, 38297, 38354, 38514, 94 – 1 BCA ¶ 26,299.
Appeal of Fa. Kammerdiener Gmbh & Co., Kg, ASBCA No. 45248, 94 – 3 BCA ¶ 27197.
Updated: August 2, 2018
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