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Product ID: 409495EAU
 
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Claims vs. Equitable Adjustments - Do You Know the Difference?

OnDemand Webinar (61 minutes)

Understand the difference between a Request for Equitable Adjustment and a claim.Many government contractors do not understand the difference between a Request for Equitable Adjustment (REA) and a claim. They also don't understand how an agency treats an REA and a claim or how an appeal of a denied claim proceeds through the Boards of Contract Appeals or the Court of Federal Claims. This topic clearly explains many situations where the Federal Acquisition Regulation (FAR) permits a contractor to submit an REA, when the contractor is entitled to receive payment or a schedule adjustment, and how to proceed to ensure payment or time adjustment. The material reviews how to treat a denied REA and submit it as a formal claim, including the statutory requirements for a claim. This topic also explains the processes used by agencies when reviewing REAs and claims and what will be required by a contractor to prosecute its claim to a final decision, either allowing or denying the claim. This information is necessary for all government contractors since equitable adjustments and claims frequently arise in the performance of government contracts.

Authors

Richard D. Lieberman, FAR Consulting & Training

Agenda

Simple Definition

• Requests for Equitable Adjustment (REA) - Federal Acquisition Regulation (FAR) Definition

• Claim - FAR Definition

Government Contracting Life Cycle - Where REAs and Claims Arise

• Life Cycle Explained

• Constructive Changes and REAs

• Typical Constructive Changes That Give Rise to REAs/Claims - 14 Examples From the FAR

• How to Present an REA

• Steps in an REA

Claims Under the Contract Disputes Act (CDA) of 1978

• Requirements for a Claim

• CDA Certification, Where Required

• Elements of a CDA Claim

• How to Present a CDA Claim

REAs and Negotiations With the Contracting Officer

Analyzing Your REA or Claim - How Likely Are You to Succeed?

• Steps in Appealing a Claim - Boards of Contract Appeals

• Steps in Appealing a Claim - Court of Federal Claims

Possible Alternative Dispute Resolution

• At the Boards of Contract Appeals

• At the Court of Federal Claims

Different Treatment of Costs - REAs Compared to Claims

Summary of Differences - REAs and Claims