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What are the mechanics in filing a claim against the government?
The formal dispute resolution process commences when a contractor submits a claim to the contracting officer in accordance with the Contract Disputes Act of 1978 (the "CDA"), 41 U.S.C. section 601 et seq. The claim, in writing, must demand money, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract (see FAR Clause 52.233-1, Disputes). The claim must also request the contracting officer for a final decision. On claims exceeding $100,000, there must be a good faith certification the accuracy and completeness of the supporting data.
A voucher, invoice, or other routine request for payment is not a claim under the CDA until the Government disputes the request either as to liability or amount, or it is not acted upon in a reasonable time. Once the submission is deemed a claim, interest begins to accrue on the claim at the rate established by the Secretary of the Treasury pursuant to Pub. L. 92-41 (85 Stat. 97). See 41 U.S.C. section 611. Moreover, the clock begins to run concerning the time in which the contracting officer must issue a final decision. Once the contracting officer issues a final decision, the contractor may appeal the decision to either the U.S. Court of Federal Claims or the applicable board of contract appeals. |
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