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ARTICLE · 29 SEPTEMBER 2014

A Cautionary Tale: Claims MUST Be Submitted To The CO First!

Fox Rothschild LLP
Fox Rothschild LLP
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As a contractor on a federal project, how often do you interact with the agency’s contracting officer?

United StatesGovernment, Public Sector

As a contractor on a federal project, how often do you interact with the agency's contracting officer? Given the state of today's understaffed acquisition workforce, the answer is probably not very often, if at all. Instead, you more often find yourself dealing with a varied cast of characters during contract performance – including CORs, COTRs, and resident engineers. While these government representatives can act with the authority of the CO under many circumstances, there are certain times when only the CO will do.

One example of a communication that must go directly to the CO is a written claim for time or money under the Contract Disputes Act. In fact, the U.S. Court of Federal Claims recently issued a sharp reminder that claims that are sent to anyone other than the CO will not be considered. In the case of TPL, Inc. v. United States, the Court found it lacked jurisdiction over a claim not first raised with the CO. In other words, a claim not properly submitted

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