Tuesday, June 20, 2017

HOW TO CONVERT THE REA TO A CLAIM


HOW TO CONVERT A REQUEST FOR EQUITABLE ADJUSTMENT (REA) TO A CLAIM



1.       Send a letter to the contracting officer which either attaches the REA or refers to it and incorporates it by reference.

2.       In the letter, refer to the REA and state it is incorporated by reference as part of the letter.

3.       In the letter say that you are converting the REA to a claim pursuant to the Contract Disputes Act of 1978 and FAR Parts 2.101 and 33.201 through 214.

4.       In the letter, state that you request a final decision of the contracting officer as required by the Contract Disputes Act of 1978 and FAR 33.211.

5.       Certify the claim (if it exceeds $100,000.00) as follows:  I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the contractor believes the government is liable; and that I am duly authorized to certify the claim on behalf of the contractor.  Do not deviate from this language found in FAR 33.207(c).

6.       Be sure to state a sum certain as the amount of the claim.

7.       Point out that interest runs on the claim from the time of its receipt.  FAR 33.208.

8.       Be sure to request a final decision as required by FAR 33.211.

9.       If represented by counsel, ask the contracting officer to advise you of the contact information for the contracting officer’s legal representative so your counsel may make contact.

10.   Indicate a willingness to participate in Alternative Dispute Resolution (ADR) such as mediation to resolve the dispute.
 
11.  Appeal to the decision (or the failure to render one) to the appropriate Board.

 
bill@spriggsconsultingservices.com