ISSUE IDENTIFICATION, MITIGATION & RECOVERY

TROUBLE SHOOTING

Federal contacts are predicated upon a maze of regulations and policies that are often misunderstood and misapplied by both parties. Teton's extensive knowledge of the Federal procurement system allows us to cut through the maze to identify the real issue and evaluate its merits. We then apply client and Teton knowledge and business sense to jointly formulate a strategic approach to minimize risk and maximize profit. Not all issues have merit, but the downside risk can be managed and mitigated with advance recognition and planning.

Issues addressed by Teton encompass the full specter of Federal contract problems and contract types to include:

• Delayed payments for contract or change work
• Terminations, Convenience and Default
• Added or deleted work, cost and impact
• Variations in Estimated Quantities for IDIQ, Requirements and FFP contracts
• Scope issues on Design-Build contracts
• Performance Rating Management
• Optimizing G&A and Profit rates
• Certifications, Audits, Bid Errors

CHANGE ORDERS

Teton supports clients in addressing the unique aspects and limitations of change orders on Federal contracts. Our typical objective is to achieve the maximum supportable forward-priced settlement that considers all impact and delay costs. This shifts risk to the contractor but also retains a contractor profit incentive while maintaining cash flow, eliminating after-the-fact cost support problems and permitting proper schedule management. Services are tailored to mesh with available client resources and experience and include:

• Analysis of impact on unchanged work
• Strategic approaches to maximizing Overhead and Profit
• Development of supportable Cost or Pricing Data
• Recognition of unique Federal recovery opportunities and limitations
• Support during Government audits
• Negotiation of a final settlement

CLAIM RESOLUTION

Claims are typically money-losing opportunities that exist in every contract. They must be managed and resolved at the earliest opportunity to minimize damage. Teton assists clients in identifying and implementing the unique Federal contract provisions, which foster timely resolution. Services include:

• Early problem identification and merit evaluation
• Development of a strategic plan for resolution - Know where you are going
• Cost development to include impact analysis
• Comprehensive issue development in "Fed-Speak"
• Active dialogue with Government personnel to support and settle the claim

It is rarely necessary to litigate in the Federal sector if the claim is properly prepared, documented and supported in a language understood by the Government. Multiple levels of low-keyed, quasi-adversarial appeal opportunities exist and at one of these levels the merit of the case is typically understood and settled. The last backstop to trial in the Federal sector is mediation. It is a cost- and time-effective alternative to trial that has been embraced by the Government and contractors. Teton typically takes the lead role for clients in mediation and has yet to experience a case that has not settled with subsequent prompt payment.