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CDA Claim Must Convey Desire For Final Decision

Tuesday, May 01, 2012 04:40 am


The Contract Disputes Act (CDA) requires a contractor making a claim against the federal government to do so in writing. However, there is no particular wording required. According to the U.S. Civilian Board of Contract Appeals, the wording must present "a clear and unequivocal statement that gives the contracting officer adequate notice of the basis and amount of the claim." Contract Cleaning Maintenance, Inc. v. U.S., 811 F.2d 586, 592 (Fed. Cir. 1987).

Here is a detailed rundown of the claim requirements:

1) Name and certify the claim amount

In a recent case, Whiteriver Construction, Inc. v. Department of the Interior, 2012 CBCA 2349 (Feb. 2, 2012), the dispute concerned additional costs associated with an "as-built" contract modification. In December 2009, the contractor wrote a letter to the government expressing its hope that the parties could agree on a final payment amount. The letter did not identify a specific amount sought or include a claim certification.

In March 2010, the contracting officer (CO) issued a final decision of $107,479. The contractor appealed, claiming entitlement to $343,483. The government moved to dismiss the appeal because the claim exceeded $100,000 and had not been cert [...]

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