Overview
This section establishes the statute of limitations and procedural requirements for initiating formal claims by both contractors and the Government under the Disputes statute. It mandates a standard six-year window for claim accrual and requires specific documentation by the Contracting Officer.
Key Rules
- Submission Format: Contractor claims must be submitted in writing specifically to the Contracting Officer (CO).
- Statute of Limitations: Claims must be initiated within 6 years after the date of accrual, unless the parties have contractually agreed to a shorter period.
- Effective Date: The 6-year time limit does not apply to any contracts awarded prior to October 1, 1995.
- CO Documentation: The CO is required to formally document the contract file with evidence of the date of receipt for any submission deemed a claim.
- Government Claims: The Government must issue a written decision on its own claims within the same 6-year window, except in cases involving contractor fraud, which are exempt from this time limit.
Practical Implications
- Contractors must implement robust record-keeping to precisely identify the "accrual date" of a dispute, as missing the six-year window serves as a jurisdictional bar to recovery.
- Because the 6-year limit does not apply to Government claims involving fraud, contractors face long-term legal exposure for fraudulent activity that extends well beyond the standard lifecycle of a typical contract dispute.