|
U.S. Code as of:
01/19/04
Section 605. Decision by contracting officer
(a) Contractor claims
All claims by a contractor against the government relating to a
contract shall be in writing and shall be submitted to the
contracting officer for a decision. All claims by the government
against a contractor relating to a contract shall be the subject of
a decision by the contracting officer. Each claim by a contractor
against the government relating to a contract and each claim by the
government against a contractor relating to a contract shall be
submitted within 6 years after the accrual of the claim. The
preceding sentence does not apply to a claim by the government
against a contractor that is based on a claim by the contractor
involving fraud. The contracting officer shall issue his decisions
in writing, and shall mail or otherwise furnish a copy of the
decision to the contractor. The decision shall state the reasons
for the decision reached, and shall inform the contractor of his
rights as provided in this chapter. Specific findings of fact are
not required, but, if made, shall not be binding in any subsequent
proceeding. The authority of this subsection shall not extend to a
claim or dispute for penalties or forfeitures prescribed by statute
or regulation which another Federal agency is specifically
authorized to administer, settle, or determine. This section shall
not authorize any agency head to settle, compromise, pay, or
otherwise adjust any claim involving fraud.
(b) Review; performance of contract pending appeal
The contracting officer's decision on the claim shall be final
and conclusive and not subject to review by any forum, tribunal, or
Government agency, unless an appeal or suit is timely commenced as
authorized by this chapter. Nothing in this chapter shall prohibit
executive agencies from including a clause in government contracts
requiring that pending final decision of an appeal, action, or
final settlement, a contractor shall proceed diligently with
performance of the contract in accordance with the contracting
officer's decision.
(c) Amount of claim; certification; notification; time of issuance;
presumption
(1) A contracting officer shall issue a decision on any submitted
claim of $100,000 or less within sixty days from his receipt of a
written request from the contractor that a decision be rendered
within that period. For claims of more than $100,000, the
contractor shall certify that the claim is made in good faith, that
the supporting data are accurate and complete to the best of his
knowledge and belief, that the amount requested accurately reflects
the contract adjustment for which the contractor believes the
government is liable, and that the certifier is duly authorized to
certify the claim on behalf of the contractor.
(2) A contracting officer shall, within sixty days of receipt of
a submitted certified claim over $100,000 -
(A) issue a decision; or
(B) notify the contractor of the time within which a decision
will be issued.
(3) The decision of a contracting officer on submitted claims
shall be issued within a reasonable time, in accordance with
regulations promulgated by the agency, taking into account such
factors as the size and complexity of the claim and the adequacy of
the information in support of the claim provided by the contractor.
(4) A contractor may request the tribunal concerned to direct a
contracting officer to issue a decision in a specified period of
time, as determined by the tribunal concerned, in the event of
undue delay on the part of the contracting officer.
(5) Any failure by the contracting officer to issue a decision on
a contract claim within the period required will be deemed to be a
decision by the contracting officer denying the claim and will
authorize the commencement of the appeal or suit on the claim as
otherwise provided in this chapter. However, in the event an appeal
or suit is so commenced in the absence of a prior decision by the
contracting officer, the tribunal concerned may, at its option,
stay the proceedings to obtain a decision on the claim by the
contracting officer.
(6) The contracting officer shall have no obligation to render a
final decision on any claim of more than $100,000 that is not
certified in accordance with paragraph (1) if, within 60 days after
receipt of the claim, 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 shall not deprive a court or an agency
board of contract appeals of jurisdiction over that claim. Prior to
the entry of a final judgment by a court or a decision by an agency
board of contract appeals, the court or agency board shall require
a defective certification to be corrected.
(7) The certification required by paragraph (1) may be executed
by any person duly authorized to bind the contractor with respect
to the claim.
(d) Alternative means of dispute resolution
Notwithstanding any other provision of this chapter, a contractor
and a contracting officer may use any alternative means of dispute
resolution under subchapter IV of chapter 5 of title 5, or other
mutually agreeable procedures, for resolving claims. The contractor
shall certify the claim when required to do so as provided under
subsection (c)(1) of this section or as otherwise required by law.
All provisions of subchapter IV of chapter 5 of title 5 shall apply
to such alternative means of dispute resolution.
(e) Termination of authority to engage in alternative means of
dispute resolution; savings provision
In any case in which the contracting officer rejects a
contractor's request for alternative dispute resolution
proceedings, the contracting officer shall provide the contractor
with a written explanation, citing one or more of the conditions in
section 572(b) of title 5 or such other specific reasons that
alternative dispute resolution procedures are inappropriate for the
resolution of the dispute. In any case in which a contractor
rejects a request of an agency for alternative dispute resolution
proceedings, the contractor shall inform the agency in writing of
the contractor's specific reasons for rejecting the request.
|
|