All claims over $100K must have the proper certification. Failure to meet this requirement can cause legal headaches later in the process.
For example, the Armed Services Board of Contract Appeals had decided several cases in 2015 alone where government contractors did not have the proper CDA certification requirements. As a result, the appeals court dismissed the case for lack of jurisdiction.
What are the Requirements for Certification Under the Contract Disputes Act?
Any federal government contractor seeking payment in a contract claim must submit the claim to the contracting officer. 41 USC 7103(a)(1).
If the amount of the claim is for more than $100,000, an individual authorized to bind the company must certify that:
- The claim is made in good faith;
- The supporting data are accurate and complete to the best of the contractor’s knowledge and belief;
- The amount requested accurately reflects the contract adjustment for which the contractor believes the Federal Government is liable; and
- The certifier is authorized to certify the claim on behalf of the contractor
Reason for CDA Requirements
CDA certification puts the onus on government contractors to carefully consider the importance of a legally sufficient submission. Without this level of accountability, companies would just submit contract claims without penalty, obligation or liability.
- CDA requirements leave contractors liable for false claims when they certify documents to the agency.
- The government has to be able to hold a contractor personally responsible for fraudulent submissions.
You cannot escape CDA certification requirements under 41 USC 7101–7109. In addition to the statutory requirements, companies often fail to meet the content requirement. See information about differing site conditions.
Other CDA Claim Requirements for Appeals Litigation
Proper Claims Certification Requirements Needed for Appeals Court Review. – This includes construction claims certification: When required, CDA requirements for claims are a prerequisite to the Board’s jurisdiction on appeal.
Although a defective certification does not deprive the Board of jurisdiction under 41 USC 7103(b)(3), the complete absence of a certification where required does and thereby dictates that the appeal is dismissed.
“[a] defect in the certification of a claim does not deprive a court or an agency board of jurisdiction over the claim.” Id. 41 USC 7103(b)(3). Rather, when certification is “defective,” the “court or agency board shall require a defective certification to be corrected.” See DAI Global, LLC fka Development Alternatives, Inc. v. Administrator of the United States Agency for International Development, No. 2019-1330 (Dec. 27, 2019)
Contracting Officer’s Promise to Issue Decision Does Not Excuse CDA Requirements for Certification:
The fact that a contracting officer purported to issue a final determination does not remedy the absence of CDA requirements and has no legal bearing on the Board’s jurisdiction. See information about government contract disputes and supporting documentation. View information about Construction Defect Claims.
For help minimizing costly mistakes made with your government claims and the required CDA certification requirements, call our government claims attorneys at 1-866-601-5518. FREE INITIAL CONSULTATION.