Contract Changes – Getting What is Rightfully Yours

Government Contracts Partner Terry Elling will speak at a RyanSharkey Seminar titled "Contract Changes – Getting What is Rightfully Your."

Unless there is a change of course, there are going to be significant cuts in both defense and non-defense spending in the coming years. The result of these expenditure reductions will not require the Government to do more with less but to do less with less. Contractual efforts will be delayed and extended over longer periods of time. Procurements will be reduced or completely eliminated. Even the smallest contractor will be impacted.

To combat the financial impact of these events contractors are going to have to be aggressive in the preparation and submission of Request for Equitable Adjustment (REA) proposals, in addressing the Government’s failure to exercise negotiated contract options, and preparation and submission of full or partial Termination Settlement Proposals (TSP’s).

Mr. Elling will discuss the contract changes and terminations process and how you should respond to the impact of these events.

The following topics will be discussed:

• an overview of the contractual changes and terminations process
• government rights and contractor rights
• the “Christian Doctrine” as it relates to the terminations clause
• the inter-dependence of the changes clause with the terminations clause (i.e. the loss factor)
• preparation and content of the contract change proposal
• preventive measures to reduce the impact of the Government’s failure to exercise contract options
• addressing the impact of a partial contract termination
• cost and profit considerations to maximize cost recovery