on Monday, April 23, 2001 - 05:50 pm:
Does anyone have an example of a successful REA?
joel hoffman on Monday, April 23, 2001 - 08:21 pm:
Anon, there have many many successful requests for equitable
adjustment. Your question is too broad to properly focus an
answer. What type of contract are you speaking of? An REA can
take many forms. It's often a request to recognize a
"constructive change" made by a Government office or
representative, a request to recognize an excusable delay to the
schedule, a request for an adjustment due to a differing site
condition - it can be almost anything. Do you have any
specifics? Happy Sails!
Anonymous 2 on Tuesday, April 24, 2001 - 12:13 am:
A good request for an equitable adjustment establishes four
things: (1) entitlement to an adjustment based on a Government
act or failure to act, (2) damages in the form of an increase in
the cost or time of performance, (3) a causal link between the
act or failure to act and the damages, and (4) proof of the
amount of the damages.
Address your request for an equitable adjustment to the
contracting officer and send it via certified mail, return
receipt requested. Send a copy to the contracting officer's
representative. Organize it as follows:
Begin by stating that you request an equitable adjustment to the
contract price or time of performance or both. State the
specific amount of additional money or time that you want.
Provide the name, address, telephone number, and email address
of the person who will act as your representative and who can
provide the contracting officer with additional information.
Statement of Facts
1. Describe what the Government did or failed to do that caused
the increase or decrease in your cost or time of performance. If
the Government issued a formal change order, identify the order;
otherwise, describe how the act or failure to act was
inconsistent with the Government's contractual rights or
obligations. State that the act or failure to act increased the
cost or time of performance. Be specific -- who did what, when
did they do it, where did they do it and how did they do it.
Attach supporting documentation.
2. Explain how the act or failure to act caused the increase in
cost or time by forcing you to do something that you otherwise
would not have had to do or that you could have done at less
expense or in less time. You must prove a cause-to-effect link.
State that there was no other cause of the increase in cost or
3. Explain (a) how you estimated or measured the effect of the
act or failure to act on cost or time and (b) how you determined
the amount of additional profit to request. Attach supporting
4. Either (a) identify a contract clause that says you're
entitled to money or time in the event of such a Government act
or failure to act or (b) state that the Government's act or
omission was a breach of contract and identify the contract term
with which it was inconsistent.
Conclude by reiterating your request for an adjustment to the
contract price or time of performance. If the request for an
equitable adjustment exceeds $100,000, insert the claim
certification required by FAR Subpart 33.2. Make sure that the
letter is signed by the appropriate company official.
If the request is voluminous, include a table of contents and
tab each item of supporting documentation.