In claims exceeding $100,000, Contracting Officers must issue a final decision
within 60 days
or provide a written notification within 60 days as to when such a decision will be issued (after consultation with assigned legal counsel) (FAR 33.211(c)(2)).
Who makes the final decision on a contractor claim?
In short, a contractor may initiate a dispute by submitting a claim to
the contracting officer
. The contracting officer then issues a final decision, and if the contractor disagrees, it may appeal to a board of contract appeals within 90 days or to the U.S. Court of Federal Claims (“COFC”) within one year.
What is a contracting officer’s final decision?
The Contracting Officer’s Final Decision (hereafter “Final Decision”) is an incredibly important document because
it is the Government’s initial response to a contractor’s claim under the Contract Disputes Act
. It serves as the Government’s opening move in the claim process and sets the stage for future litigation.
What is a contracting officer’s final decision is issued when a claim Cannot be settled?
After a contractor submits a claim to the Contracting Officer (CO), the CO’s first obligation is to try and negotiate a reasonable settlement. If no settlement can be reached, the CO must issue a final decision within
60 days of receipt of a written request
for a COFD if the claim is under $100,000.
Which action must a government contractor always take in order to get a contracting officer’s final decision on a contract dispute over $100000?
Always certify claims
over $100,000 when submitting them to the contracting officer. If your certification is defective, you can correct it later. If the certification is not submitted to the contracting officer, it is not a “claim” under the Contract Disputes Act and will be dismissed.
Where are most US government contract disputes initially handled?
The vast majority of board cases are handled by either
the Armed Services Board of Contract Appeals
or the Civilian Board of Contract Appeals.
What are contract disputes?
Contract disputes occur
when one or both parties to an agreement disagree about the terms and conditions
. A contract is only valid when both parties fully understand the agreement and are willing to accept its terms. If the agreement is not mutual, it may be challenged in court.
What type of modification only requires the signature from the government’s contracting officer?
Unilateral modifications
are signed only by a contracting officer and are generally used to make administrative changes, issue change orders, make changes authorized by clauses other than the Changes clause, and issue termination notices.
Is required for changes to or the addition of contract financing after award?
Adequate new consideration
is required for changes to, or the addition of, contract financing after award. … The contractor may provide new consideration by monetary or nonmonetary means, provided the value is adequate.
Which entity leads the contract Closeout process?
Process responsibility is defined for Contract Closeout as
the Administrative Contracting Officer (ACO) at the Contract Management Office (CMO)
leading the Contract Closeout process and ensuring coordination among DCMA personnel, DFAS (or other appropriate payment offices for other government units), the Buying …
What is a claim in government contracting?
In Government contracts, a formal claim filed pursuant to the Contract Disputes Act of 1978 is defined as
a “written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief
…
What is the least expensive method used to resolve a dispute?
Like mediation,
arbitration
tends to be much less expensive than litigation.
What is the preferred method of resolving a dispute before results in a claim?
Arbitration
.
Arbitration
has historically been the preferred method for contractors and their lawyers to resolve a dispute. It is often noted in their contracts as the way an unresolved claim or controversy is to be addressed.
Which individual prepares the government’s position on the claim?
After preparing the Government’s position on the claim,
the contracting officer
should discuss it with the contractor. This affords the contractor the opportunity to provide all relevant facts on the situation.
What type of modification is used to make an administrative change to a contract?
(2)
Unilateral modifications
(signed only by the contracting officer) are used to make administrative changes, issue change orders or termination notices, or make changes authorized by clauses other than the Changes Clause, such as option clause, property clause, suspension of work clause, changing government furnished …
Which of the following is required when change orders are not forward priced?
When change orders are not forward priced, they require two documents:
the change order and a supplemental agreement reflecting
the resulting equitable adjustment in contract terms.
