CON 216-Claims and Disputes Flashcards
What is difference between a Protest and a Dispute?
Dispute; is a disagreement concerning the administration
(performance or termination) regarding an EXISTING
or executory Government contract. Disputes will be
discussed in a later chapter.
Protest; is a proceeding to resolve a disagreement in
connection with the awarding of a Government Contract.
Does the Government pay interest on claims?
When the contractor wins and the Government withheld $s:
FAR 33.208 requires the Government to pay interest
on claims found due from:
the date the KO receives the claim, or
the date the payment would have otherwise
been due, ie costs in preparing an REA.
What has to be in the COFD?
What are the requirements of a “Final Decision”?
In writing, cannot be oral, and certified mail;
a description of the claim or dispute;
reference the disputed contract terms;
statement of disputed and undisputed facts;
Identify key terms associated with claims and disputes
Protest = A proceeding to resolve a disagreement with the way a contract was awarded.
Dispute = A proceeding to resolve a disagreement with the way a contract was administered.
Sovereign = The right of a legitimate government to establish immunity from lawsuits of any nature or type other than those that the government allows.
CDA = Contract Disputes Act. Waives the sovereign immunity against contractor claims and establishes both the i.) process for prosecuting claims and the ii.) forums for claims to be heard.
Claim = first step in any dispute. A written statement or request for compensation for an economic damage incurred
ASBCA/GSBCA = Contracting boards established for the sole purpose of hearing contractor or government claims that arise during federal procurement activities.
COFD = Contracting Officer’s Final Decision. A required step, other than for a T4D, in processing a dispute.
US Court of Appeals = Next appellate level after an adverse board ruling.
ASBCA Rule 4 File = A document, stating the necessary details of the claim, that is required by the board to be submitted within 30 days after the dispute has been filed.
Distinguish between the methods used to calculate an equitable adjustment
Actual Cost Method: The actual cost method is the preferred method for proving costs. Under this approach, the contractor isolates the specific costs associated with the adjustment and proves those costs with the best evidence available. The contractor MUST use actual cost data when reasonable available or risk a substantial reduction or total disallowance of the claimed costs.
Estimated Cost Method: Good faith estimates are preferred when actual costs are not available. Estimates are generally required when negotiating the cost of a change. Estimates are generally acceptable when prepared by qualified individuals knowledgeable of the facts that are well supported.
Total Cost Method: The total cost method is NOT preferred because it assumes the entire overrun is solely the government’s fault. The total cost method calculates the difference between the bid price on the original contract and the actual total cost of performing the contract as changed.
Jury Verdict Method: Jury verdicts are not a method of proof but a means of resolving disputed facts. This method is only advisable if: There is clear proof of an economic injury. Other methods of EA calculations won’t work. Evidence is sufficient for a fair approximation of damages
What discovery methods are available?
Discovery methods:
Interrogatories – written questions.
Request for admissions – “admit or deny” a statement.
Depositions – a mini trial examination of a party or witness.
Request for production – provide access to documents
What is the oldest and most popular form of ADR?
Arbitration
