Contract Claims

Embedded in all contracts is the right of the contractor to submit a claim to the government when it believes the government has in some way, caused the contractor to perform additional work and/or incur additional costs than it otherwise anticipated or proposed. This right applies to all claims that are not “routine” in nature, such as an invoice for products delivered or services performed, that are not in dispute when submitted to the government.¹ A claim must be prepared in writing and submitted to the contracting officer for a decision, generally within sixty (60) days, and it must be certified if it exceeds $ 100,000.² A claim then is a “written demand or a written assertion by one of the contracting parties, as a matter of right, the payment of a sum certain, the adjustment or

interpretation of the contract terms, or other relief arising under or related to the contract.”³

Any claim for $ 100,000 or more must be certified.⁴ A proper certification is required to have a valid claim although the validity of the certification and the merits of the claim may be decided separately.⁵ The certification language in the FAR should be used verbatim, to avoid jurisdiction problems, and it must be signed, or executed, by an individual authorized to bind the contractor.⁶ Hence the person who signs the certification must have knowledge, a) of the claim; b) of the basis of the claim; and c) of the accuracy and completeness of the supporting data.⁷

But what is meant by “signed”? What is a “signature”? A signature is a “discrete, verifiable symbol of an individual which, when affixed to a writing with knowledge and consent of the individual, indicates a clear intention to authenticate the writing.”⁸

The issue of a signature on a claim as discussed in the Appeal of Teknocraft, Inc., ASBCA No. 55438, April 3, 2008 under contract No. DAAA09-01-C-0034. The Armed Services Board of Contract Appeals, (“ASBCA”) or the “Board” considers an actual, scrawled signature, very important.


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