ML Weekes Updates

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Equitable Adjustments and Claims Prep

Requests for Equitable Adjustments and Claims Preparation  

Government contract laws and regulations allow for the recovery of costs incurred by contractors due to the action, or sometimes inaction of the government during the performance of a contract. Specifically, contract clauses required by the Federal Acquisition Regulation (FAR), provide a remedy for the contractor to "equitably adjust" the contract price to recover additional costs. Some examples that give rise to Requests for Equitable Adjustments (REAs) and contract claims include:

  • Changed Site Conditions
  • Defective Specifications
  • Constructive or Directed Changes in Contract Scope
  • Performance Delay
  • Work Disruption

It is important to notify the government early of any constructive or directed changes, or other activities that initiate an REA and begin the collection of data to support any increase in contract costs. In many instances, these changes can be difficult to identify and quantify. Such changes may result in changes to contract scope or performance delays.

ML Weekes has developed pricing models and techniques to appropriately quantify REAs and claims. Our organized approach and experience results in pricing proposals that are fully supported, well documented and in a format that is easy to present to government representatives and within dispute forums.

Our professional staff has assisted contractors and their legal counsel in REA and contract claim preparation and "red team" reviews across many industries, including aircraft and weapons systems development and manufacturing, shipbuilding, construction and architectural and engineering, and military apparel manufacturing.

Contract Terminations

Government contracts provide the government with the unilateral right to terminate contracts for the convenience of the government, or due to default by the contractor. Terminations for convenience entitle the contractor to an equitable adjustment. If unchallenged, default terminations may require the contractor to return amounts paid under the contract - plus pay the government the costs of re-procurement.

ML Weekes is experienced in the preparation of settlement proposals related to contracts terminated for the convenience of the government, as well as providing support to contractors that are faced with potential default terminations.

Bid Protests

Procurement processes can often result in one or more participant's lodging a bid protest. Companies may feel that their bid was improperly evaluated or eliminated. In other cases, the recipient of an award may be required to defend itself from protestors.

ML Weekes' services include providing support for protests and defending awards. Protests are governed by strict rules and the submission, review and decision time is limited so as not to unduly delay the procurement process.

We have the resources in place to assist your organization and legal counsel in managing the protest process both efficiently and effectively. Our services include evaluating the award and helping decide whether a protest is feasible and cost effective, review of cost and technical evaluations, cost realism analyses, and other procurement decision criteria.