After filing a claim under the Contract Disputes Act
(CDA), the contracting officer may notify you that a
final decision will be issued within “X”
days after certain pre-conditions are met, such as:
- Providing additional documentation supporting your claims
or damages;
- Attending a meeting to discuss your claims; or
- Answering certain question allegedly required for the
government’s review of your claim.
Are you required to cooperate? For claims over $100,000,
the CDA requires a contracting officer, within 60 calendar
days, to either issue a final decision or notify the contractor of
the date by which a final decision will be issued. The Armed
Services Board of Contract Appeals (ASBCA) recently held that a
conditional final decision date, as described above, does not
comply with this CDA requirement. Thus, in such instances, a
contractor may file an Appeal on a deemed denial basis without
waiting for a final decision.
