knowledge and belief; that the amount requested accurately reflects the con- tract adjustment for which the Contrac- tor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor. This must be signed by a person authorized to bind the contractor with respect to the claim. The act provides for civil penalties for claims that are fraudulent or based on a misrepre- sentation of facts. The $100,000 includes the aggregate of increases and decreases as absolute values. (Example in FAR 15.403-4(a)(1)(iii).) Contracting Officer Timelines Upon receipt of a proper claim as described above, the clock begins to tick for the contracting officer to act. There can be no more putting this at the bottom of the inbox, and interest may be accruing! If the claim is $100,000 or less, the contracting officer must render a written decision within 60 days of receipt of the claim if the contrac- tor requested that in the claim. If the contractor did not request a 60-day response, then “within a reasonable time after receipt of the claim.” What is a reasonable time? That depends on numerous factors such as the size and complexity of the claim, adequacy and amount of contractor supporting data, and other relevant factors. Note that “within a reasonable time after receipt of the claim” is not a free pass to put it off because you are too busy,
aspect of contract administration/ execution that we include similar language in commercial contracts (in
date when all events that establish the claim were known or should have been known (also known as the “ac- crual of the claim”). And while the clause allows the contract to include a different date, the Defense FAR Sup- plement (DFARS) does not include any clause providing for a shorter timeframe. When you consider the contract close-out and record reten- tion requirements, these six years could become problematic. This also shines light on the importance of good documentation as the contracting of- ficer adjudicating the claim may not be the same as the one who awarded or administered the contract. If the claim is from the government to the contractor, the contracting of- ficer must issue a written decision asserting the claim within the same six-year period, unless the claim is based on contractor fraud. Certification If the claim is for more than $100,000, the contractor’s written claim shall include the following statement: I certify that the claim is made in good faith; that the supporting data are ac- curate and complete to the best of my
FAR 52.212-4(d)). The Claim …..
The first thing the clause does is clarify what is and is not considered a claim under the contract. First, it must be asserted in writing and seek either payment of a specific amount of money, adjustment of contract terms, or other relief arising under or related to the contract. There must have been some injury, monetary or otherwise. It can be made by either contracting party (not just contractor to government). If the claim is for more than $100,000, it is not considered a claim until it is certified as described below. It further clarifies that a routine invoice that is not challenged as to amount and that is processed on time is not a claim. But an invoice can be converted to a claim if either of those conditions change (and it is properly certified if it is over $100,000). The clause then establishes a deadline for submitting a claim un- less otherwise stated in the contract. The contractor has six years from the
The first thing the clause does is clarify what is and is not considered a claim under the contract.
40 | DEFENSE ACQUISITION | November-December 2025
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