Negotiate changes
We suspect performance on a federal contract always begins with the best intentions. But circumstances outside the contractor’s control, from differing site conditions, to weather delays, to revised requirements, can conspire to require changes during performance. These changes often increase costs and impact deadlines.
But all is not lost. The government will often negotiate changes to performance requirements and pricing. In some circumstances, however, the government is less inclined to make a change. This often occurs where the parties disagree as to whether the additional work was within the contract’s scope. In these circumstances, contractors and agencies can quickly reach and impasse.
In such circumstances, a contractor can make a request for equitable adjustment—asking the government reconsider its position and amend contract terms and pricing to accommodate performance realities. These requests usually present the factual basis for the request, as well as a legal basis for the position, with the goal being to provide a comprehensive explanation for the requested contract revisions.
If a request for equitable adjustment does not gain traction, the next option is to pursue a claim. Like a request for equitable adjustment, a claim sets will include a discussion of relevant contract terms, as well as the legal basis for the requested contract changes. Claims resolve when the contracting officer to issue a final decision on the dispute (which is appealable—to read about claim appeals, click here).
Requests for equitable adjustment and certified claims are extremely complicated legal and technical documents that often resolve through negotiation. We can help develop requests for equitable adjustment and claims that clearly articulate how contract performance required additional effort and expense and how that resulted in a legal right to a contract change, and be your point of contact with the government because unfortunately the best intentions may not be enough.