That being said, there is no definition provided for the words “request for equitable adjustment” in the FARs, or anywhere else. Regardless, an REA is commonly understood to be a request for compensation (of money, time, or both) that falls short of a “claim” in terms of its procedural requirements.
An equitable adjustment, in government contracting, is a contract adjustment pursuant to a changes clause, to compensate the contractor expense incurred due to actions of the Government or to compensate the Government for contract reductions.
Also Know, what are the most commonly used methods to determine the amount of an equitable adjustment? Over the years, Courts and BCAs have generally used one of the following four approaches to establish equitable adjustments in specific cases: Reasonable cost; • Jury Verdict; • Total cost; or • Reasonable value. Reasonable Cost Approach (FAR Table 15-2, 31.201-3, and Bruce Construction v.
Also to know is, what is a claim in government contracting?
A claim is defined in FAR § 2.101 as “a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract.
What is Rea in construction?
A Request for Equitable Adjustment (REA), on the other hand, allows a contractor to recover costs associated with any suspensions of work or terminations for convenience or other constructive changes by the owner of a project.
How long does the contracting officer have to issue a decision on a contractor claim?
33.206 Initiation of a claim. (b) The contracting officer shall issue a written decision on any Government claim initiated against a contractor within 6 years after accrual of the claim, unless the contracting parties agreed to a shorter time period.
Which of the following is required when change orders are not forward priced?
When change orders are not forward priced, they require two documents: the change order and a supplemental agreement reflecting the resulting equitable adjustment in contract terms.
What is firm fixed price?
A Firm-Fixed-Price (FFP) (FAR Subpart 16.2) contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss.
What are the timelines for filing an appeal of the CO’s decision on a claim?
Under the CDA, a contractor may challenge a CO’s final decision on a claim by filing a “notice of appeal” at the ASBCA within 90 days of receiving of the decision. See 41 U.S.C. § 7104 (2011). As a general matter, the Board lacks jurisdiction over an appeal if it is filed after the 90-day deadline has expired.
What are the timelines for filing an appeal of the contracting officer’s decision on a claim?
A contractor must file its appeal with the BCA within ninety (90) days of receipt of the contracting officer’s final decision. Or, a contractor may file an appeal with the Court of Federal Claims within twelve (12) months of receipt of the contracting officer’s final decision.
What is a claim far?
(c)“Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract.
Can a contractor sue the government?
Only federal employees can be sued under the FTCA, not independent contractors hired by the federal government (unless they are treated like employees). The negligent or wrongful conduct must have been done within the scope of the defendant’s employment.
How do I file a federal government claim?
To file a complaint against a federal agency: First, contact the agency directly. View an A-Z index of federal agencies. If you are unable to resolve an issue with a federal government agency, contact the office of the Inspector General (IG) of that agency.
What is the difference between termination for cause and termination for default?
A Termination for Default is the complete or partial termination of a contract because of a contractor’s actual or anticipated failure to meet its contractual obligations. A Termination for Cause is the term used for a Termination for Default in a FAR PT 12 contract for the acquisition of commercial items.
What power to modify a contract is embodied in the Changes clause?
Non-Commercial Item Contracts. The Changes Clause is the cornerstone of the Government’s ability to modify a contract for non-commercial items. It provides the Government with authority that is unmatched in private-sector contracting.
What is a certified claim?
Contract Disputes Act (CDA) claims offer Government Contractors the opportunity to recover costs incurred due to Government-caused changes or delays.