§ 605. — Decision by contracting officer.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC605]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 9--CONTRACT DISPUTES
Sec. 605. Decision by contracting officer
(a) Contractor claims
All claims by a contractor against the government relating to a
contract shall be in writing and shall be submitted to the contracting
officer for a decision. All claims by the government against a
contractor relating to a contract shall be the subject of a decision by
the contracting officer. Each claim by a contractor against the
government relating to a contract and each claim by the government
against a contractor relating to a contract shall be submitted within 6
years after the accrual of the claim. The preceding sentence does not
apply to a claim by the government against a contractor that is based on
a claim by the contractor involving fraud. The contracting officer shall
issue his decisions in writing, and shall mail or otherwise furnish a
copy of the decision to the contractor. The decision shall state the
reasons for the decision reached, and shall inform the contractor of his
rights as provided in this chapter. Specific findings of fact are not
required, but, if made, shall not be binding in any subsequent
proceeding. The authority of this subsection shall not extend to a claim
or dispute for penalties or forfeitures prescribed by statute or
regulation which another Federal agency is specifically authorized to
administer, settle, or determine. This section shall not authorize any
agency head to settle, compromise, pay, or otherwise adjust any claim
involving fraud.
(b) Review; performance of contract pending appeal
The contracting officer's decision on the claim shall be final and
conclusive and not subject to review by any forum, tribunal, or
Government agency, unless an appeal or suit is timely commenced as
authorized by this chapter. Nothing in this chapter shall prohibit
executive agencies from including a clause in government contracts
requiring that pending final decision of an appeal, action, or final
settlement, a contractor shall proceed diligently with performance of
the contract in accordance with the contracting officer's decision.
(c) Amount of claim; certification; notification; time of issuance;
presumption
(1) A contracting officer shall issue a decision on any submitted
claim of $100,000 or less within sixty days from his receipt of a
written request from the contractor that a decision be rendered within
that period. For claims of more than $100,000, the contractor shall
certify that the claim is made in good faith, that the supporting data
are accurate and complete to the best of his knowledge and belief, that
the amount requested accurately reflects the contract adjustment for
which the contractor believes the government is liable, and that the
certifier is duly authorized to certify the claim on behalf of the
contractor.
(2) A contracting officer shall, within sixty days of receipt of a
submitted certified claim over $100,000--
(A) issue a decision; or
(B) notify the contractor of the time within which a decision
will be issued.
(3) The decision of a contracting officer on submitted claims shall
be issued within a reasonable time, in accordance with regulations
promulgated by the agency, taking into account such factors as the size
and complexity of the claim and the adequacy of the information in
support of the claim provided by the contractor.
(4) A contractor may request the tribunal concerned to direct a
contracting officer to issue a decision in a specified period of time,
as determined by the tribunal concerned, in the event of undue delay on
the part of the contracting officer.
(5) Any failure by the contracting officer to issue a decision on a
contract claim within the period required will be deemed to be a
decision by the contracting officer denying the claim and will authorize
the commencement of the appeal or suit on the claim as otherwise
provided in this chapter. However, in the event an appeal or suit is so
commenced in the absence of a prior decision by the contracting officer,
the tribunal concerned may, at its option, stay the proceedings to
obtain a decision on the claim by the contracting officer.
(6) The contracting officer shall have no obligation to render a
final decision on any claim of more than $100,000 that is not certified
in accordance with paragraph (1) if, within 60 days after receipt of the
claim, the contracting officer notifies the contractor in writing of the
reasons why any attempted certification was found to be defective. A
defect in the certification of a claim shall not deprive a court or an
agency board of contract appeals of jurisdiction over that claim. Prior
to the entry of a final judgment by a court or a decision by an agency
board of contract appeals, the court or agency board shall require a
defective certification to be corrected.
(7) The certification required by paragraph (1) may be executed by
any person duly authorized to bind the contractor with respect to the
claim.
(d) Alternative means of dispute resolution
Notwithstanding any other provision of this chapter, a contractor
and a contracting officer may use any alternative means of dispute
resolution under subchapter IV of chapter 5 of title 5, or other
mutually agreeable procedures, for resolving claims. The contractor
shall certify the claim when required to do so as provided under
subsection (c)(1) of this section or as otherwise required by law. All
provisions of subchapter IV of chapter 5 of title 5 shall apply to such
alternative means of dispute resolution.
(e) Termination of authority to engage in alternative means of dispute
resolution; savings provision
In any case in which the contracting officer rejects a contractor's
request for alternative dispute resolution proceedings, the contracting
officer shall provide the contractor with a written explanation, citing
one or more of the conditions in section 572(b) of title 5 or such other
specific reasons that alternative dispute resolution procedures are
inappropriate for the resolution of the dispute. In any case in which a
contractor rejects a request of an agency for alternative dispute
resolution proceedings, the contractor shall inform the agency in
writing of the contractor's specific reasons for rejecting the request.
(Pub. L. 95-563, Sec. 6, Nov. 1, 1978, 92 Stat. 2384; Pub. L. 101-552,
Sec. 6(a), Nov. 15, 1990, 104 Stat. 2745; Pub. L. 102-572, title IX,
Sec. 907(a)(1), Oct. 29, 1992, 106 Stat. 4518; Pub. L. 103-355, title
II, Secs. 2351(a)[(1)], (b), (e), 2352, Oct. 13, 1994, 108 Stat. 3322;
Pub. L. 104-106, div. D, title XLIII, Secs. 4321(a)(6), (7), 4322(b)(6),
Feb. 10, 1996, 110 Stat. 671, 677; Pub. L. 104-320, Sec. 6, Oct. 19,
1996, 110 Stat. 3871; Pub. L. 105-85, div. A, title X, Sec. 1073(g)(3),
Nov. 18, 1997, 111 Stat. 1906.)
Amendments
1997--Subsecs. (d), (e). Pub. L. 105-85 struck out ``(as in effect
on September 30, 1995)'' after ``title 5'' wherever appearing.
1996--Subsec. (a). Pub. L. 104-106, Sec. 4321(a)(6), made technical
correction to Pub. L. 103-355, Sec. 2351(a). See 1994 Amendment note
below.
Subsec. (d). Pub. L. 104-320, Sec. 6(1), substituted ``The
contractor shall certify the claim when required to do so as provided
under subsection (c)(1) of this section or as otherwise required by
law.'' for ``In a case in which such alternative means of dispute
resolution or other mutually agreeable procedures are used, the
contractor shall certify that the claim is made in good faith, that the
supporting data are accurate and complete to the best of his or her
knowledge and belief, and that the amount requested accurately reflects
the contract adjustment for which the contractor believes the Government
is liable.''
Pub. L. 104-106, Sec. 4322(b)(6), inserted ``(as in effect on
September 30, 1995)'' after ``title 5'' in two places.
Subsec. (e). Pub. L. 104-320, Sec. 6(2), struck out first sentence
which read as follows: ``The authority of agencies to engage in
alternative means of dispute resolution proceedings under subsection (d)
of this section shall cease to be effective on October 1, 1999, except
that such authority shall continue in effect with respect to then
pending dispute resolution proceedings which, in the judgment of the
agencies that are parties to such proceedings, require such
continuation, until such proceedings terminate.''
Pub. L. 104-106, Sec. 4322(b)(6), inserted ``(as in effect on
September 30, 1995)'' after ``title 5''.
Pub. L. 104-106, Sec. 4321(a)(7), made technical amendment to Pub.
L. 103-355, Sec. 2352(b). See 1994 Amendment note below.
1994--Subsec. (a). Pub. L. 103-355, Sec. 2351(a)(1), as amended by
Pub. L. 104-106, Sec. 4321(a)(6), inserted after second sentence ``Each
claim by a contractor against the government relating to a contract and
each claim by the government against a contractor relating to a contract
shall be submitted within 6 years after the accrual of the claim. The
preceding sentence does not apply to a claim by the government against a
contractor that is based on a claim by the contractor involving fraud.''
Subsec. (c). Pub. L. 103-355, Sec. 2351(b), substituted ``$100,000''
for ``$50,000'' wherever appearing.
Subsec. (c)(4). Pub. L. 103-355, Sec. 2351(e), substituted
``tribunal concerned'' for ``agency board of contract appeals'' and
``tribunal concerned,'' for ``board,''.
Subsec. (e). Pub. L. 103-355, Sec. 2352(b), as amended by Pub. L.
104-106, Sec. 4321(a)(7), inserted after first sentence ``In any case in
which the contracting officer rejects a contractor's request for
alternative dispute resolution proceedings, the contracting officer
shall provide the contractor with a written explanation, citing one or
more of the conditions in section 572(b) of title 5 or such other
specific reasons that alternative dispute resolution procedures are
inappropriate for the resolution of the dispute. In any case in which a
contractor rejects a request of an agency for alternative dispute
resolution proceedings, the contractor shall inform the agency in
writing of the contractor's specific reasons for rejecting the
request.''
Pub. L. 103-355, Sec. 2352(a), substituted ``October 1, 1999'' for
``October 1, 1995''.
1992--Subsec. (c)(1). Pub. L. 102-572, Sec. 907(a)(1)(A), struck out
``and'' after ``belief,'' and inserted before period at end ``, and that
the certifier is duly authorized to certify the claim on behalf of the
contractor''.
Subsec. (c)(6), (7). Pub. L. 102-572, Sec. 907(a)(1)(B), added pars.
(6) and (7).
1990--Subsecs. (d), (e). Pub. L. 101-552 added subsecs. (d) and (e).
Effective Date of 1996 Amendment
Section 4321(a) of Pub. L. 104-106 provided that the amendment made
by that section is effective as of Oct. 13, 1994, and as if included in
Pub. L. 103-355 as enacted.
For effective date and applicability of amendment by section
4322(b)(6) of Pub. L. 104-106, see section 4401 of Pub. L. 104-106, set
out as a note under section 251 of this title.
Effective Date of 1994 Amendment
For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under
section 251 of this title.
Effective Date of 1992 Amendment
Section 907(a)(2) of Pub. L. 102-572 provided that: ``The amendment
made by paragraph (1)(B) [amending this section] shall be effective with
respect to all claims filed before, on, or after the date of the
enactment of this Act [Oct. 29, 1992], except for those claims which,
before such date of enactment, have been the subject of an appeal to an
agency board of contract appeals or a suit in the United States Claims
Court.''
Section 907(a)(4) of Pub. L. 102-572 provided that: ``The amendments
made by paragraph (1)(A) [amending this section] shall be effective with
respect to certifications executed more than 60 days after the effective
date of amendments to the Federal Acquisition Regulation implementing
the amendments made by paragraph (1)(A) with respect to the
certification of claims.'' [For effective date of implementing
regulations, see 59 F.R. 11368, Mar. 10, 1994.]
Effect of Contract Provisions Providing for Submission of Claims Earlier
Than Six Years After Accrual
Section 2351(a)(2) of Pub. L. 103-355 provided that:
``Notwithstanding the third sentence of section 6(a) of the Contract
Disputes Act of 1978 [41 U.S.C. 605(a)], as added by paragraph (1), if a
contract in existence on the date of the enactment of this Act [Oct. 13,
1994] requires that a claim referred to in that sentence be submitted
earlier than 6 years after the accrual of the claim, then the claim
shall be submitted within the period required by the contract. The
preceding sentence does not apply to a claim by the Federal Government
against a contractor that is based on a claim by the contractor
involving fraud.''
Section Referred to in Other Sections
This section is referred to in sections 256, 606, 609, 611 of this
title; title 5 section 504; title 10 section 2324; title 28 section
1491; title 31 section 3907.
