February 26, 2016
Government Cannot Make Contractors Jump through Hoops for a Final Decision
Source: Fox Rothschild LLP, The Federal Government Contracts & Procurement Blog, Sean Milani-Nia, February 23, 2016
After filing a claim under the Contract Disputes Act (CDA), the contracting officer may notify you that a final decision will be issued within “X” days after certain pre-conditions are met, such as:
- Providing additional documentation supporting your claims or damages;
- Attending a meeting to discuss your claims; or
- Answering certain question allegedly required for the government’s review of your claim.
Are you required to cooperate? For claims over $100,000, the CDA requires a contracting officer, within 60 calendar days, to either issue a final decision or notify the contractor of the date by which a final decision will be issued. The Armed Services Board of Contract Appeals (ASBCA) recently held that a conditional final decision date, as described above, does not comply with this CDA requirement. Thus, in such instances, a contractor may file an Appeal on a deemed denial basis without waiting for a final decision. Read More …
Contact your nearest PTAC if you have any questions about the Contract Disputes Act.
For help with Government Contracting: contact your nearest Procurement Technical Assistance Center (PTAC). Funded through Cooperative Agreements between the U.S. Department of Defense and state and local governments/institutions, PTACs provide free and low-cost assistance in virtually all areas of government contracting.