Trick or Treat in Government Contract Claims

How often do you get (or give) Halloween treats without the magic words, “Trick or Treat!”?

Many Government Contractors are aware of and careful to include a proper certification of their contract claims to the Federal Government, as required by the Contract Disputes Act.  But, they should also expressly request a Contracting Officer’s Final Decision on the claim.  Without an express, or at least implied, request the various Boards of Contract Appeals may have no choice but to dismiss a Contractor’s later appeal.

Without a request for a contracting officer’s final decision, claimants may seek treats, but get tricked instead.

Appeal of Andrews Contracting Services, LLC, ASBCA No. 60808 (May 22, 2017).

Maropakis Carpentry, Inc. v. U.S., 609 F.3d 1323 (Fed. Cir. 2010).

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