The Contract Disputes Act: What Every Federal Government Contractor Should Know

From the claims preparation stage all the way through filing an appeal of the contract claim is heavily regulated. To appeal a contracting officer's decision before the Court of Federal Claims, the contractor must file a complaint setting forth the factual and legal basis for its claims. By: Michael H. Payne. Rather than start the running of this clock, a contractor may ask for a change order or submit an uncertified request for an equitable adjustment or REA. A "Claim" must be certified pursuant to FAR § 33. Ultimately, the COFC or BCA will decide whether the agency's claim has merit. Can a contractor submit a claim by email to be. This includes showing the differences in the original contract and the claim submitted.

• Can a contractor submit a claim in writing by email far
• Can a contractor submit a claim by email to be
• Can contractors have company email

Can A Contractor Submit A Claim In Writing By Email Far

S Court of Federal Claims or to an administrative board of contract appeals. An appeal to the BCA must be in writing, express dissatisfaction with the final decision, manifest intent to appeal the final decision, and be sent to the contracting officer and the BCA. Additional time limitations under the Federal Acquisition Regulation may apply to claims related to changes, differing site conditions, or suspension of work. The Army's failure to make payment to the account designated in the CCR file was a breach of contract. The Limits of Apparent Authority in Government Contracting | Limits of Apparent Authority in Government Contracting. On the other hand, contractors should avoid falling into endless letter writing and negotiations. Problems can occur when a company sends its notice of appeal a contract claim via email. Generally, a final decision by the contracting officer is a prerequisite to the government's assertion of any claim or counterclaim against a contractor.

Termination for Default. If progress is not made within a reasonable time, an REA can easily be converted to a claim under the Contract Disputes Act. On the other hand, if there is animosity, or a clear indication in prior discussions and correspondence, that the government does not believe that the contractor is entitled to an equitable adjustment, it is best to file a claim. Should a Contractor Submit an REA or a Claim. If you are like most contractors, you simply cannot afford to file a contract claim against the government and then lose out for what most would call a 'technicality. In United States ex rel. For instance, a contractor is required to give "prompt" written notice to the contracting officer of a differing site condition before it is disturbed. How to Make a Claim under the CDA? The government could also seek to suspend or debar the contractor from future contracting with the government. 17% of government contract claims will be denied.

Can A Contractor Submit A Claim By Email To Be

It should be noted, however, that in cases where there is doubt, there is no harm in starting out with an REA. For instance, a prevailing wage claim arising under the Davis Bacon Act is not subject to the CDA because claims or disputes which another federal agency is specifically authorized to handle are not subject to the disputes process under the CDA. A termination for default is treated as a final decision, and a contracting agency may follow it with a final decision that the contractor reimburse the agency for its reprocurement costs. Can a contractor submit a claim in writing by email far. However, if the contractor's claim is for an amount exceeding $100, 000. Generally, once a contractor chooses its forum, its decision is binding, and the contractor cannot pursue its claim in the other forum. 232-33 (Oct. 2003), which required the government to make payment to the account that Aspen identified in the Central Contractor Registration database. Fourth, the claim must be submitted within the six year statute of limitations.

Thus, any statement or request for monetary damages in the contractor's claim must be scrutinized carefully to ensure there is nothing in the claim that would give rise to an FCA counterclaim. If it becomes apparent that the contracting officer has no intention of issuing a change order, the contractor should proceed to the formal CDA claims process described above. Initiation of the Claim. There should be no question as to what the document is and what you are asking for. The Contract Disputes Act: What Every Federal Government Contractor Should Know. Although the term "equitable adjustment" appears in the FAR in 111 places, and the term "request for equitable adjustment" appears in 11 places, there is no official definition, in the FAR or anywhere else, of the terms "Request for Equitable Adjustment" or "REA. " Most liquidating agreements limit the prime contractor's liability to the amount the government agrees to pay or is required to pay. 206 - Initiation of a claim.

Can Contractors Have Company Email

For claims exceeding $100, 000. Can contractors have company email. Aspen Consulting does not spell the end of apparent authority in government contracting. Since contractors do not always comply with the method of notice of a claim outlined in the Miller Act, actual notice may provide a safety net to those contractors who do not strictly comply with statutory or contractual requirements. This is particularly true when the government has indicated flexibility on the issue and a willingness to reach an amicable resolution.

243-1, and Termination for Convenience, FAR 52. The claims process is very narrowly interpreted by the courts. However, an important exception to this rule is that a contracting officer's final decision is not a prerequisite to the government's assertion of a counterclaim against a contractor under the False Claims Act. Lastly, it should be noted that the CDA governs only post-award disputes; therefore, pre-award claims, such as bid protest actions, are not subject to the Act. If the demand letter states that it constitutes the contracting officer's final decision and notifies the contractor of its appeal rights to the Court of Federal Claims (COFC) or a board of contract appeals (BCA), it qualifies as a final decision under the Contract Disputes Act (CDA). Cummins-Wagner Co., Inc. v. Fidelity and Deposit Co. of Maryland, the United States District Court of Maryland address whether a Miller Act claimant can give valid notice of a claim via email. It also does not make it impossible for the government and contractor representatives to communicate by email or even to use email to modify contract requirements.