Government Claims and Supporting Documentation

When it comes to government claims and supporting documentation to validate the claim, contractors are often faced with repetitive demands from the agency for receipts and other data to justify the submitted claim. Such frustration can also cause companies to make costly legal mistakes.

Meeting the Legal Requirements of Government Claims and Supporting Documentation

The law simply requires that you should provide “sufficient detail to notify the contracting agency, through the CO, of the basic factual allegations on which a claim is premised.” See Petition of Hassell, A.S.B.C.A. No. 45242-697, 91-1 B.C.A. See information about claims certification.

• Only the adequacy of the factual submission to the agency determines whether a valid claim is filed.
• Supporting documentation depends upon the size and complexity of the claim

Oftentimes construction contractors make the mistake of submitting large amounts of legal arguments but no supporting data. As a result, the agency issues a contracting officer’s final decision denying the claim.

• The agency is not required to figure out the details and to decipher what you want and why you should get it. Companies not getting this level of legal advice run the risk of losing thousands of dollars.
• The requirement for government claims supporting documentation does not allow the government to demand information over and beyond what a necessary for a reasoned decision on the claim.

Basic Requirements of Government Claims

Under the Contract Disputes Act, your contract claims should be a written demand or written assertion seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. See information about OCSLA

Contents: All government claims and supporting documentation shall be in writing and shall be submitted to the contracting officer for a final decision. You should include the amount of the claim and such documentation that supports your position.

• Failure to meet the basic requirements of your claims and supporting documentation can delay payment or even denial.

Read about Apparent Authority In Government Contracts and privity of contract in government procurement.

See How We Can Help You With REA and Government Contract Claims

For legal advice and help to determine the sufficiency of your government claims and supporting documentation, call our claims lawyers at 1-866-601-5518.