Working with the contracting officer is the best way to collect money on claims without disputes. Here's how:
- DON'T try to work around her or run to her boss. She has the warrant and must independently approve everything.
- DON'T start with a document called a claim. Just meet the definition in FAR 2.101 but call it a Baseline Reconfiguration Proposal. There is no requirement either as to the name or the format or contents for that matter. But if you don't settle, be sure to comply with the rules on submitting a claim.
- DO hire an expert witness now, not later. They can be impressive and help provoke an early settlement.
- DO get a rent free ASBCA or CBCA judge into the case even before you submit the claim. Yes, write the Chairpersons. They are more than happy to help avoid disputes.
- DO spend a lot of time with and become a friend of the contracting officer. Make it a marriage. Most disputes are caused by bad blood between the parties.
- DO find out what the contracting officer wants/needs and get it for her. Even if it does not relate to the claim. Example, please get rid of the project manager. He's just lazy. Ask her and listen. If you help her she may be more inclined to help you.
- DO study psychology and diplomacy. You may pick up something we need to add to this list.
Continuing our discussion of avoiding disputes while collecting money on claims . . .
bill@spriggslawgroup.com
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