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ARTICLE · 16 OCTOBER 2014

Contractor Out Of Luck Over Lost Certification

Fox Rothschild LLP
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Everyone knows the old adage about a tree falling in the woods that makes a sound (or does it?).

United StatesGovernment, Public Sector
Nicholas Solosky
Nicholas Solosky
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Everyone knows the old adage about a tree falling in the woods that makes a sound (or does it?).  Recently, we've had to consider a similar question about a contractor's claim certification under the Contract Disputes Act.  If a certification is made, but later lost, does it still count? 

In a word:  No.

Contractors submitting claims on federal contracts that exceed $100,000 must include the following certification as part of the submission to the contracting officer:

"I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the contractor."

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