Request for Equitable Adjustment (REA) – FAR
Request for Equitable Adjustment vs Claim
How to ANALYZE and SUBMIT a Request for Equitable Adjustment
Request for Equitable Adjustment (REAs) under FAR 52.243 and DFARS 252.243-7002. Request for Equitable Adjustment vs Claim. Six (6) Things That You Must Know Now.
Understand the definition of a Request for Equitable Adjustment (REA) under the FAR or DFARS. Request for Equitable Adjustment vs Claim. Learn how to ANALYZE and SUBMIT a REA Proposal to the Government Contracting Officer.
Important Note: Attorney and Consultant costs associated with preparing and submitting FAR or DFARS 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.
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. Small Business Government contracting lawyers.
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. Prompt, affordable, Government Contracts law firm services.
CONTACT us here now: REQUEST FOR EQUITABLE ADJUSTMENT. Please do not wait, as the below-described options are time-sensitive.
FAR 52.243 Request for Equitable Adjustment (REA) – 6 Things to Know Now:
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).
Request for Equitable Adjustment 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).
How to Analyze and Submit a Request for Equitable Adjustment
5. The decision as to whether to file a REA proposal or a 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 REA. It is the practice of this firm to submit the REA either on contractor letterhead or 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.
One Thing NOT to do: Don’t Go it Alone!
CONTACT us here now: REQUEST FOR EQUITABLE ADJUSTMENT. Please do not wait, as the above-described options are time-sensitive. If you think that you have the basis for submitting a formal contract claim, click on Contract Claim link below.
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Request for Equitable Adjustment – FAR or DFARS – Helpful Law Links:
* Do you think you have the basis for Submitting a Claim in lieu of a REA Proposal to the Government Contracting Officer?
Contact Government Contract Claim Lawyer
* Download the Current Federal Acquisition Regulation (FAR) & the Agency Supplements (e.g., DFARS) Now
* Do you have the basis for a SBA or GAO Bid Protest?
* 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