Government Contract Claims Lawyers
Contract Disputes Act
Attorneys Specializing in Government Contracts
Government Contract Claims and Disputes Lawyers. Learn How to ANALYZE and SUBMIT a FAR-Based Government Contract Claim. Attorneys Specializing in U.S. Government Contracts.
Get help to ANALYZE and SUBMIT FAR Government Contract Claims under the Contract Disputes Act. Understand the difference between a Government Contract Claim and a FAR Request for Equitable Adjustment (REA) under Federal Government contracts. All States – Nationwide practice. Affordable. Boutique Government contracts law firm. Avoid big law firm fees.
CONTACT us here now: Government Contract Claims Lawyers.
Jeffrey Giancola, the Principal, is a cum laude graduate of Columbia University and received his law degree from the University of Virginia. He is a member of the State of Maryland Bar and has 30 years of experience in the Government procurement field. This firm focuses exclusively on U.S. Federal Government contract matters and has a nationwide practice. We can also assist with overseas U.S. Government contracts. Small Business Government contracting lawyers.
Two Routes: FAR Request for Equitable Adjustment (REA) and a Formal Claim – 6 Things to Know:
1. It is not uncommon for Government contractors to face a situation where they feel that they are “owed” additional time and/or money on a Federal Government contract (or are seeking the adjustment or interpretation of contracts terms). This is particularly common on longer-term contracts where the performance requirements have evolved over time.
2. There are generally two methods for the contractor to pursue recovery: (1) Submitting a request for equitable adjustment (REA) to the Contracting Officer (“CO”) under a FAR 52.243 clause and/or the DFARS 252.243-7002 clause providing for REA relief (e.g., the standard Changes or Stop-Work Order clauses), or under a constructive change theory (based on case law); OR (2) Filing a formal Government Contract CLAIM with the CO.
3. A Change Order or Modification (“Mod”) is any written change in the terms and conditions of the contract. Either the Government or the contractor can propose a modification to the contract. A modification is a CO-issued document on the SF 30, executed in either a bilateral or unilateral fashion. While a REA or a Claim can result in a Mod, the vast majority of Mods are routine, i.e., they do not involve a prior contractor submission of a formal REA proposal or a Claim (denoted as such) (e.g., funding increments or option exercises).
FAR and DFARS Requests for Equitable Adjustment (REA) vs Claim
4. Claims and REAs are similar (but not identical) in both form and content. The basic concept is that the contractor is owed time or money (or both) on a contract and is providing the government with a written request (REA) or demand (Claim) for compensation (which could be time, money, both, or other relief). Both types submissions require findings of fact, proof of entitlement, and a detailed description of quantum (including supporting evidence and documents).
Important Note: Attorney and Consultant costs associated with preparing and submitting FAR or DFARS Requests for Equitable Adjustment (REAs) are an ALLOWABLE expense as part of any REA settlement. There is no excuse for not hiring experienced professionals to assist you with the REA submission process. See FAR 31.205-33.
How to Analyze and Submit a FAR Claim to the Contracting Officer under the Contract Disputes Act
5. The decision as to whether to file a REA PROPOSAL or a FORMAL CLAIM (or BOTH, e.g., start with a REA and then “convert” it into a Claim at a later time) is a complicated one and highly fact-specific. That being said, the variables “in play” so to speak are the following: The performance HISTORY of the specific Government contract involved; the FACTS surrounding the changed circumstances causing (or that caused) a delta in the price or schedule baseline; the legal basis for ENTITLEMENT to the requested relief; and the QUANTUM involved ($$).
There is no FAR or DFARS-mandated form for submission of a Claim (except that it be certified if it is in excess of $100 thousand). It is the practice of this firm to submit the Claim on our law firm letterhead, with attachments.
6. Mr. Giancola has the legal skill sets and experience to help you “navigate” the many variables associated with this important area of Federal contract law. Please do not “go it alone” so to speak; it is HIGHLY RECOMMENDED that you hire a qualified Government contracts lawyer to represent you.
One thing NOT to do: Don’t Go it Alone!
CONTACT us here now: Government Contract Claims Lawyer. Please do not wait, as the above-described options are time-sensitive.
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Government Contract Claims Lawyer – Helpful Law Links:
* Do you think you have the basis for Submitting a REA Proposal instead of a Claim to the Government Contracting Officer?
FAR Request for Equitable Adjustment
* Download the Current Federal Acquisition Regulation (FAR) & the Agency Supplements (e.g., DFARS) Now
* Do you need a SBA or GAO Bid Protest lawyer instead of a Claims Lawyer?
* Have You Received a FAR Cure Notice or a Show Cause Letter from the Government?
Cure Notice – Show Cause Notice – Letter of Concern
* Do You Need an Overseas Government Contractor Lawyer?
Overseas Government Contractor Lawyer
* Have you Been Accused of Government Procurement FRAUD?
Click Here to Contact a Government Contract Fraud Lawyer Immediately