Malyszek & Malyszek focuses on the immediate and daily needs of contract administration to effectively administer federal government contracts on behalf of the contractor.
Such tasks include: the instruction and training of entire contracts departments; alert all company staff in pre-problem awareness, and recognition of increased costs, Establishing normal operating procedures in contract administration to eliminate potential contractual problems, Assistance in maintaining excellent working relationships with the Government.
For small businesses, in essence, we become your Contract Administration Department giving you the same advantage and clout as a large prime contractor. While your company is growing, you save the extra personnel costs and gain efficiency for future contracts, and gain expertise in order to organize your own Contracts Department in the future. Or if your company has a Contracts Department already in place, we instruct, train, assist and oversee administration activities in conjunction with your contracting arm to allow more effective Contract Administration procedures.
For any size company doing business with the federal government, for new government contractors, or for the experienced government contractor, it is essential to have a full claims awareness to avoid potential problem areas or to remedy those that exist.
Malyszek & Malyszek's contract administration and claims awareness includes such areas as: Contract Analysis, Opening Firm Fixed Price contracts, Doctrine of Liability, Measurement of contracted versus actual performance, Claims awareness for Contracting Departments, Production and Engineering personnel, Quality Control and Finance personnel.
A Request for Equitable Adjustment (REA) can be made any time during performance of a Government contract or at the close of contract performance. There are different reasons for submitting an REA as a change occurs, or after an accumulation of changes at the culmination of the contract. An REA is not considered a dispute with the Government, but instead, an amiable means to balance changes to the contract performance, schedule and cost for both the Government and the Contractor.
It is essential that contractors keep a record of all changes to their contracts, of all management hours spent on problem solving, and of all additional labor and materials utilized in their contracts. Requests for equitable adjustment, if handled properly, will not severe good relationships with the government. A contractor is in business to make a profit, and need not finance their government contract. All personnel performing under a government contract should utilize the above claims indicators. It is essential that the entire company is performing only to the terms of the original contract.Claim
Claims Awareness:
Your contract might be on the verge of problems that can be more easily remedied in the early stages of the problems. However, awareness of the potential problem areas is essential in keeping your contract profitable, avoiding litigation, and keeping a good business relationship with the Government.
Delivery, Schedule, Delay,
Cost Overruns, Waivers, Deviations,
Inability to comply with specifications, Improper Rejection,
Constructive Change Order Categorizations, Acceleration,
Large Number of Change Orders, Government Duty to Cooperate,
Government Interpretations, Acceptance Criteria, Impossibility,
Costing Claims, Traceability of costs, Impact Costs Allocable Costs,
New period of performance, Loss of efficiency, Unabsorbed Overhead,
Indirect labor, Delay, Ripple Effect Delays, Suspension of work,
Stop Work Changes, Value Engineering Change Proposals,
Differing Site Conditions, Prior Course of Dealing, Warranties,
Quality Assurance, Defective Pricing, DCAA Audits
Only when a dispute occurs between the Government agency and the Contractor, does a Claim come into play. A Claim is a certified document from the Contractor that makes a demand against the Government for a certain sum of monetary remuneration. The Government must respond to this claim, even if it is a denial of the claim. The Contractor is then given the choice of appealing this decision in whole or in part to the proper Board of Contract Appeals, or the proper federal district court, or Court of Federal Claims.
There is no right format for submitting an REA or Claim document to a Government Agency. Each agency has its own set of regulations, but the changes to the contract and the relationship with the contracting agency will dictate the depth and complexity of the submittal. Often times, a DCAA audit will be called for based on the REA or Claim. The audit can be a challenging prospect to a contractor based on time involvement. Audit reports can be challenged and negated.Negotiations / Alternate Dispute Resolution / Mediation
The best remedy for any disagreement is a good working relationship with the contracting agency and the Contracting Officer. A simple problem or a developing problem could be best worked out by immediately communicating with the Contracting Officer.
However, at times, there are personality conflicts, the Contracting Officer is not fully aware of the daily operations of contract performance, or there is a total misunderstanding among contractor and government personnel. At this point, it is important to determine the avenues of informal or formal negotiations with appropriate Government representatives. When it seems that avoiding an all encompassing dispute is not possible, then as an alternative to litigation, Alternate Dispute Resolution (ADR) can be a positive influence on resolving a dispute. However, at times only litigation before the Boards or the Federal Courts will resolve an issue.
Malyszek & Malyszek has offices in Washington, D.C. and in Los Angeles, California and Services clients Nationwide and Abroad in all Federal Government Contract Matters and Proceedings
