REQUEST FOR EQUITABLE ADJUSTMENTCLAIMS PROCESS IN FEDERAL CONTRACTING

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REQUEST FOR EQUITABLE ADJUSTMENT/CLAIMS PROCESS
IN FEDERAL CONTRACTING

• James F. NagleOles Morrison Rinker Baker
  LLPSeattle, WAAnchorage, AK

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Identify the Basis for the REA

• Changes
• Constructive Changes
• Contract Interpretation
• Interference/Non Cooperation by the Government
• Defective Specifications
• Informational Deficiencies
• Acceleration

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Other Bases

• Government-Furnished Property
• Differing Site Conditions
• Government Delay Clauses

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Circumstances Giving Rise to an REA

• When work is
• Added
• Deleted
• Substituted
• Delayed
• Disrupted
• Accelerated

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Burden of Proof

• Whichever Side Wants the Benefit of the Equitable
  Adjustment Bears the Burden of Proof
• Entitlement
• Quantum

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Methods of Proof

• Actual Costs
• Total Costs
• Modified Total Costs
• Jury Verdict

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Mechanics of the Process

• Truth In Negotiations Act
• Prospective or Retroactive
• Release

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The REA/Claim Process

• Advantages of REA
• Disadvantages of REA

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The Claims Process

• Disputes
• The Disputes Clause

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Putting Together the Claim

• Components of the Claim
• Narrative
• Supporting Data and Documents
• Cost Data
• Certification
• Good Faith
• Supporting Data are Accurate and Complete
• Amount Requested Accurately Reflects the Amount
  for Which the Contractor Believes the Government
  is Liable
• Signer is Duly Authorized to Certify Claim

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Submission to the Contracting Officer

• Time Limits for Decision
• If Less than 100,000 60 days
• If More than 100,000 60 days or a reasonable
  time
• Final Decision

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Appealing the Final Decision

• Board of Contract Appeals
• United States Court of Federal Claims
• Advantages and Disadvantages of Each

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The Litigation Process

• Discovery
• Interrogatories
• Depositions
• Requests for Production
• Trial/Hearing
• Appeal