Sunday, October 22, 2023

HOW TO WRITE A MONETARY CLAIM

 

1.      Send a letter to the contracting officer which claims relief in simple, concise terms. Follow instructions on how to write a request for equitable adjustment but call it a claim. State fats and legal theories of recovery.

2.      The letter says it is a claim pursuant to the Contract Disputes Act of 1978 and FAR Parts 2.101 and 33.201 through 214.

3.      In the letter, state that you request a final decision of the contracting officer as required by the Contract Disputes Act of 1978 and FAR 33.211.

4.      Certify the claim (if it exceeds $100,000.00) as follows:  I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the contractor believes the government is liable; and that I am duly authorized to certify the claim on behalf of the contractor.  Do not deviate from this language found in FAR 33.207(c).

5.      Be sure to state a sum certain as the claim amount.

6.      Point out that interest runs on the claim from the time of its receipt.  FAR 33.208.

7.      Be sure to request a final decision as required by FAR 33.211.

8.      Appeal the decision (or the failure to render one) to the appropriate Board.

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