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tjsmith57

Request for Equitable Adjustments

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We are currently working a few REAs with the Department of State, is there a time limit from when you submit your original request to when the CO must make a determination? For example we submitted a REA in 2014 and have been working with the CO on questions and requests for additional information. Do I need to keep track of when the original was submitted against a set period of time tis could expire?

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If the REA is a "claim" as defined in FAR 2.101, then the Disputes clause, FAR 52.233-1, sets a time limit for the CO to make a final decision on the claim.

If the REA is just an REA, and not a claim, then there is no time limit. If you want to impose a time limit on a non-claim REA, then you must convert it to a claim, but there may be monetary consequences for doing so in accordance with FAR 31.205-47.

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To add to what has been written already, the CDA imposes a six year statute of limitations on when a claim can be asserted.  The FAR has filled a cap in the CDA by providing an explanation of when a claim accrues to start the six year period running.  Thus, you have to look at the definition of when a claim accrues and see if you could assert a claim based on the facts of your situation and if so when you knew or should have known the facts that permit you to assert a claim.    That will go a long way in answering your question.

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