HOW TO SUBMIT CLAIMS

HOW TO SUBMIT A MONETARY CLAIM

 

 

1.      Send a letter to the contracting officer stating the facts with supporting references to documents as appropriate with justification for why the government is responsible for your claim.  Be sure to state the amount requested (sum certain), even if that is an estimate.

2.      Refer to the Contract Disputes Act of 1978 and FAR Parts 2.101 and 33.201 through 214.

3.      State that you request the contracting officer's final decision 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.      Ask the contracting officer to give you their lawyer’s phone number so you can discuss the claim with them.

9.      Indicate your desire to submit the claim to ADR before a neutral judge.

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

HOW TO SUBMIT A NONMONETARY CLAIM

 

 

1.      Send a letter to the contracting officer stating the facts with supporting references to documents as appropriate with justification for why the government is responsible for your claim. Point out that you are not seeking monetary relief but want a decision declaring your position correct.

2.      State the facts that make your plea urgent, and if your facts support it, state the government’s position is a cardinal change to the contract.

3.      Refer to the Contract Disputes Act of 1978 and FAR Parts 2.101 and 33.201 through 214.

4.      State that you request the contracting officer's final decision as required by the Contract Disputes Act of 1978 and FAR 33.211.

5.      You do not have to certify the claim.

6.      Ask the contracting officer to give you their lawyer’s phone number so you can discuss the claim with them.

7.      Indicate your desire to submit the claim to ADR before a neutral judge.

8.      Appeal the decision (or the failure to render one) to the appropriate Board. You do not have to wait 60 days, as the 60-day requirement does not apply to nonmonetary claims. A reasonable time under the circumstances could be a couple of weeks.