Does anyone have an example of a successful REA?

By joel hoffman on Monday, April 23, 2001 - 08:21 pm:

Anon, there have many many successful requests for equitable adjustment. Your question is too broad to properly focus an answer. What type of contract are you speaking of? An REA can take many forms. It's often a request to recognize a "constructive change" made by a Government office or representative, a request to recognize an excusable delay to the schedule, a request for an adjustment due to a differing site condition - it can be almost anything. Do you have any specifics? Happy Sails!
Joel Hoffman

By Anonymous 2 on Tuesday, April 24, 2001 - 12:13 am:

Anonymous:

A good request for an equitable adjustment establishes four things: (1) entitlement to an adjustment based on a Government act or failure to act, (2) damages in the form of an increase in the cost or time of performance, (3) a causal link between the act or failure to act and the damages, and (4) proof of the amount of the damages.

Address your request for an equitable adjustment to the contracting officer and send it via certified mail, return receipt requested. Send a copy to the contracting officer's representative. Organize it as follows:

Introduction

Begin by stating that you request an equitable adjustment to the contract price or time of performance or both. State the specific amount of additional money or time that you want. Provide the name, address, telephone number, and email address of the person who will act as your representative and who can provide the contracting officer with additional information.

Statement of Facts

1. Describe what the Government did or failed to do that caused the increase or decrease in your cost or time of performance. If the Government issued a formal change order, identify the order; otherwise, describe how the act or failure to act was inconsistent with the Government's contractual rights or obligations. State that the act or failure to act increased the cost or time of performance. Be specific -- who did what, when did they do it, where did they do it and how did they do it. Attach supporting documentation.

2. Explain how the act or failure to act caused the increase in cost or time by forcing you to do something that you otherwise would not have had to do or that you could have done at less expense or in less time. You must prove a cause-to-effect link. State that there was no other cause of the increase in cost or time.

3. Explain (a) how you estimated or measured the effect of the act or failure to act on cost or time and (b) how you determined the amount of additional profit to request. Attach supporting documentation.

4. Either (a) identify a contract clause that says you're entitled to money or time in the event of such a Government act or failure to act or (b) state that the Government's act or omission was a breach of contract and identify the contract term with which it was inconsistent.

Conclusion

Conclude by reiterating your request for an adjustment to the contract price or time of performance. If the request for an equitable adjustment exceeds $100,000, insert the claim certification required by FAR Subpart 33.2. Make sure that the letter is signed by the appropriate company official.

If the request is voluminous, include a table of contents and tab each item of supporting documentation.