Claims Against the Federal Government – Understanding the Basics

Contractors that are a party to federal and DOD contracts can assert claims against the federal government. However, there are certain legal requirements to keep the claim intact. Defects in your claims submission can delay or sometimes even completely void the claim. Also, improperly submitted claims can prevent an appellate court from hearing the case on appeal. Instead of taking chances where substantial amounts are at risk, you should first understand the general legal requirements of the claims process. Second, you should consider having a third party to review each claim for adequacy and compliance with the rules.

Instead of taking chances where substantial amounts are at risk, you should first understand the general legal requirements of the claims process. Second, you should consider having a third party to review each claim for adequacy and compliance with the rules.

Government Contract Claims Submission to Contracting Officer – A Must

When preparing claims against the federal government, you must submit them to the contracting officer in writing for a decision.  Claims can be for money, or to request a particular action from the government that is related to the contract.  

Companies should get into the habit of communicating with the contracting officer before filing claims against the government.  Agencies hate surprises and can make your life miserable by holding up the process only because you did not follow procedure or submitted a legally deficient claim.

• Never submit a claim to the COR and hope that it reaches the contracting officer.
• All claims against the federal government must provide sufficient information to help the contracting officer make a decision.
• Submit as much supporting documentation and explanation as possible.
• Government contractors should also be mindful that government contract claims should contain information that preserves their rights to appeal.
• Many cases are dismissed on appeal because the contractor’s lawyer tried to introduce new evidence. 

Timelines For Filing Claims Against the Federal Government

Claims against the federal government that is directly related to a particular contract shall be submitted within six years after the accrual of the claim. However, this statute of limitation does not apply to a claim by the Federal Government against a contractor that is based on a claim by the contractor involving procurement fraud.

CDA Certification of Claims

Contract claims against the federal government in DOD contracts must be certified in more than $100,000 made by a contractor. Companies submitting must meet this claims certification requirement. Failure to meet the certification can cause severe delay. It can also cost thousands of dollars in attorney fees if not done correctly.

• The government is not obligated to render a contracting officer’s final decision on a claim of more than $100,000 that is not certified.
• Within 60 days after receipt of the request, the contracting officer notifies the contractor in writing of the reasons why any attempted certification was found to be defective.
• A defect in the certification of a claim does not deprive a court or an agency board of jurisdiction over hearing claims against the federal government.

Before the entry of a final judgment by a court or a decision by an agency board, the court will typically require that a defective CDA certification is corrected.

• Get proper legal guidance to avoid delays and non-payment for claims against the federal government
• Learn how to maximize government contract claims

It is pretty obvious that although you may have what appears to be a valid government claim, you can experience disaster if you do not follow the rules.

To Avoid Costly Mistakes, Get My Free Claims Checklist

 For additional information help filing claims against the federal government in DOD contracts, call our government contract disputes and claims lawyer at 1-866-601-5518. Free Initial Consultation.