REA & Request
for CO Final Decisions

  Construction Contract Specialists, Inc. (CCSI) has personnel on its staff with the proper expertise and experience to take a potential dispute from its inception through the request for an equitable adjustment (REA) stage and, if necessary, completely through the request of a Final Decision by the Contracting Officer and even the appeal of that final decision if such is deemed necessary. However, only officers of the client's corporation or their appointed attorney can represent the corporation before the various agency Boards of Contract Appeals, U. S. Court of Federal Claims or the U. S. Court of Appeals for the Federal Circuit.

  Attorney or consultant fees expended while preparing a formal Contract Disputes Act (CDA) claim against the Government are not reimbursable from the Federal Government. This is a FAR requirement and is not subject to negotiation. CCSI understands the various laws, agency Board of Contract Appeals decisions and decisions of the various Federal courts sufficiently to severely limit but not totally eliminate these disallowable costs. In many instances CCSI will demonstrate to their clients that it is a smart business decision to bring the attorney on board during preparation of a Request for an Equitable Adjustment (REA). By doing this, the potential adverse affects of what many times is an inevitable handoff can and will, for all practical purposes, be avoided thereby assuring a seamless handoff if an appeal of the CO's Final Decision is required. The quality and legal correctness of the REA will almost certainly be enhanced which could save money over the long haul by avoiding unnecessary litigation. This ability, willingness and provision of the necessary resources to make this seamless handoff is a very important attribute that separates our consulting firm from its competitors.

  Not all disputes are suitable for alternate dispute resolution (ADR) techniques because settlements reached during ADR tend to migrate toward the midpoint of 50-cents for each dollar justified in the proposal of costs. An extremely well prepared claim might settle for as much as 70-cents on the dollar. CCSI has extensive experience with ADR and can make professional recommendations on the advantages and disadvantages of the process in particular situations. CCSI has played a leading role in ADR procedures where its clients recovered well in excess of $1,000,000 (Greg Construction Co., Inc. 770-932-2870). CCSI is well versed on the one major advantage in support of ADR. CCSI understands that in many instance this one advantage overrides all other advantages or disadvantages. The advantage is that the ADR proceedings and full payment can occur in sixty to ninety calendar days whereby litigation can take literally years, depending on the amount in dispute.

Specifically, CCSI is available to assist with:

• The seamless transition from being assisted by CCSI to being represented by a very reputable and highly qualified law firm including the ramping up of the law firm;
• The preparation of the rough draft of a request for a Final Decision by the CO;
• Coordination with the law firm during the editing and perfection of the rough draft of a request for a Final Decision by the CO;
• CCSI has access to the vast electronic databases maintained on the internet and by paid providers of such databases, including WestLaw, and the knowledge of how to efficiently and economically utilize these resources at a fraction of the cost of prematurely obtaining the services of a law firm.
• Except in rare instances, CCSI can effectively fill the role of the attorneys technical representative present during any depositions and seated at the front table during any hearing before the agency Board of Contract Appeals and any Federal Court;
• Based on past experience, as a minimum CCSI personnel can qualify as an expert witness in the fields of: 1) Government contract administration; 2) Government contract interpretation; 3) unified soil classification system; 4) network analysis system and 5) delay or impact analysis;