THE REA'S PROCEDURAL PATH

 

THE REA’S PROCEDURAL PATH

1.      Be on top of things. Know what’s going on with contract performance. Keep a diary.

2.   Be in daily contact with the contracting officer even if it is just by text or email. Have a running dialogue. Problems with performance should not be a surprise to you or him/her.

3.      If a problem happens, get in touch with the contracting officer immediately and brief him/her.

4.      Keep up the diary. Provide written notice of the issue and state an REA will follow so you are asserting it now in general terms.

5.      Hire an expert witness if appropriate to assist in dealing with the problem and to help with the REA.

6.      Hire Spriggs.

7.      Meet face to face with the contracting officer and plan the agenda for submission and discussion of the REA.

8.      Prepare and submit the REA. Keep in constant touch with the contracting officer.

9.      If the contracting officer is negative, suggest you prepare a joint request to the Chairman of the ASBCA or CBCA asking for a judge to mediate.

10.   Meet with the judge.

11.   If mediation fails, convert the REA to a claim.

IT ALL DEPENDS ON THE RELATIONSHIP YOU CAN ESTABLISH WITH THE CONTRACTING OFFICER. IF YOU DON’T WORK THINGS OUT, SPRIGGS TAKES OVER AND THAT’S ANOTHER CHAPTER.

bill@spriggslawgroup.com