Kenneth D. Harre - Experience

Mr. Harre has:

• Participated in a leadership role in a study on behalf of the President's Blue Ribbon Commision on Management (The Packard Commission)

• Provided expert testimony in Federal Court, State Court, and arbitrations and special master hearings as to lost profits, wrongful terminations, economic damages, contract costs, cost allocations, and contract claims-related issues in a number of significant matters, for both plaintiffs and defendants.

• Been appointed by the Federal Court to function as sole arbitrator of a $34 million post-acquisition dispute of two government contractors. The cost disputes involved plant closing, special test equipment, Cost Accounting Standards, warranty reserves, changes in estimate to complete, potential claim recovery issues, and defective pricing allegations,as well as the application of Federal Acquisition Regulations issues and Generally Accepted Accounting Principles to these issues.

• Assisted counsel and management in fact finding and the development of government contract claims for equitable adjustment. More specifically, he defined the methodology for fact finding, analyzing, and estimating or assessing the reasonableness of the client's changed work estimates in relation to bid, previously agreed changes, and historical and projected costs. In providing these services, he focused on minimizing the risk of false claim allegations.

• Worked with various claim methodologies including total and modified total cost and discrete claims. He has assisted in the development and review of claims totaling hundreds of millions of dollars.

• Assisted counsel in investigating false claims allegations relating to construction and U. S. Government contracts that involved a failure to test or provide products in accordance with the contract specifications, or that required investigation because of time reporting, product pricing, progress billing, or contract claim pricing issues. He prepared reports, as needed.

• Functioned in a mediator/facilitator role in a construction dispute involving design changes, defective pricing allegations, delays, site conditions, and Eichleay issues.

• Worked with counsel in the conduct of investigations requiring audit skills, familiarity with certain aspects of the law, experience in interviewing non-financial personnel, the ability to identify, use, and interpret disparate data to evaluated allegations, and the communication of findings.

• Been appointed by the State Court to function as a referee in a contract cost and fee dispute.

• Assisted counsel with fact-finding and analysis for distributor terminations, anti trust, intellectual property and other damage matters and the quantification of lost profit and other damages for disputes amounting to hundreds of millions dollars.

• Prepared convenience termination claims and assisted counsel in the conversion of default termination to a convenience termination.

• Conducted extensive fact-finding and analysis of product line cost information for a multi-year period where, after the production volume in a product category had increased dramatically, the actual operating costs and profits for individual product lines were inconsistent with the perceived facts. He generated proposed adjustments to operating cost data that were used in reporting to a government agency and and he defined cost systems changes that were needed to more accurately track product line costs in the future.

• Conducted compliance reviews to evaluate internal controls and contract pricing and estimating practices as it relates to the Federal Acquisition Regulations Contract Cost Principles and Procedures, defective pricing disclosures, claim certification requirements, Cost Accounting Standards, labor time reporting, bid pricing, billing, changed work estimating and pricing and catalog and market pricing requirements.

• Performed audits of contract costs and evaluated estimates-to-complete of major programs to determine total program cost for use in assessing reasonableness of design change estimates for claim pricing purposes.

• Assisted contractor with plans of entering a new Middle East market by performing a pre-award contract risk assessment, developing a post award detailed project plan, and implementing a contract performance monitoring program.

• Assisted businesses in dealing with audit issues raised by the DCAA and other auditors during the audits.

• Conducted a review of the royalty payment process in response to a dispute between licensee company and licensor. Prepared a report that was used by arbitrator in the arbitration. In closing arguments, the arbitrator directed counsel address the primary issues contained in the report.

• Assisted construction contractors and owners in analyzing and evaluating bid cost data and associated assumptions, bid versus actual cost variances, prior agreed changes, and in assessing the reasonableness of changed work estimates in relation to such variances.

• Worked with the counsel and project representatives in quantifying delay and disruption claims using the "measured mile" methodology or other productivity data, as well as Eichleay overhead claim quantification methodology.

Overview | Experience | Training, Seminars and Presentations | Education and Professional Credentials | PDF resume