Overview
FAR 33.211 establishes the formal procedures, mandatory content, and statutory timelines a Contracting Officer (CO) must follow when issuing a final decision on a claim that cannot be resolved through mutual agreement. This final decision serves as the official government position and provides the contractor with the necessary legal basis to pursue an appeal.
Key Rules
- Mandatory Content: The written decision must include a description of the claim, references to relevant contract terms, a statement of factual agreement/disagreement, the CO’s rationale, and specific "boilerplate" language regarding the contractor's appeal rights.
- Delivery Requirements: The CO must furnish the decision via certified mail (return receipt requested) or another method that provides formal evidence of receipt to establish the start of appeal windows.
- Statutory Timelines:
- Claims $\le$ $100,000: The CO must issue a decision within 60 days if requested by the contractor; otherwise, within a reasonable time.
- Claims > $100,000: The CO must issue a decision within 60 days or notify the contractor of the specific date by which a decision will be rendered.
- Deemed Denial: Failure by the CO to issue a decision within the required timeframes is legally treated as a "deemed decision" denying the claim, which authorizes the contractor to file an appeal or suit.
- Defective Certification: For claims exceeding $100,000, the CO is not obligated to issue a decision if the certification is defective, provided they notify the contractor of the defect within 60 days.
- Payment Obligations: Any amount found payable to the contractor in the decision must be paid immediately, without prejudice to either party’s right to appeal.
Practical Implications
- The Contracting Officer’s Final Decision (COFD) is a jurisdictional prerequisite; contractors generally cannot access the Board of Contract Appeals or the Court of Federal Claims without either a COFD or a "deemed denial."
- Contractors must carefully track the date of receipt, as it triggers strict statutes of limitation: 90 days to appeal to the Agency Board of Contract Appeals (ASBCA/CBCA) or 12 months to file in the U.S. Court of Federal Claims.