WHO IS YOUR CONTRACTING OFFICER?

Who is your contracting officer and when did you last communicate with him or her?  Please read my posts on contract management and contract management revisited.  Most of the requests for equitable adjustment and claims we handle involve situations where the contractor fails to communicate effectively with the person who has the warrant to commit the government.  Not the contract specialist.  Not the contracting officer's representative.  Contractors must communicate with the contracting officer.

The first problem we've seen is identifying the contracting officer with the warrant for the contract.  This should be your first order of business.  Contractors should do whatever is necessary to remain informed about who is the decision maker with the authority to commit the government. 

The next problem is the failure to promptly raise with the contracting officer any issues which might conceivably give rise to a request for equitable adjustment or claim for breach of contract.  This means constant surveillance of contract performance and quick identification of performance issues.  Then, promptly notify the contracting officer with as much information as you possibly can muster.

Finally, submit the request for equitable adjustment as a place holder.  I cannot over emphasize this.  Yes, immediately submit your request or claim with as much information as you can.  In fact, you may want to develop a form which you use to fill in the blanks.  You always can amend your submission as more information, such as pricing, becomes available.

Deal with the contract specialist and contracting officer's representative as a matter of courtesy.  But make a pest of yourself, if need be, in your constant effort to identify the real contracting officer and to discharge your absolute obligation to your employer/client to raise performance problems as they occur.  And, don't just raise them.  Document them.  See our posts on how to write the request for equitable adjustment.

bill@spriggsconsultingservices.com    bill@spriggslawgroup.com