Contract Claims

Teknocraft was required by the contract to furnish ammunition and explosives, specifically 1,008,616. 40 MM M918 Ballistic Projectile Assemblies. Apparently the government required Teknocraft to acquire x-ray machines to inspect the munitions. Teknocraft alleged the government required the machines and submitted a certified claim for $ 284,992. The claim was “//signed//” by the President. The government averred it did not have a signed certification, because the claim was not signed by pen and ink, and denied the claim. The Board concurred. Teknocraft sent the claim via e-mail but the signature was not digitally or electronically signed.⁹

“ The Board has not interpreted the requirement to execute the certification of a

claim as obligating the certifier to sign the claim certification.” The “certification is properly executed” through the FAR’s definition of a “signature.” The ASBCA stated that “//SIGNED //” is not a discrete, verifiable symbol. It is not a unique signature. The generic notation is not sufficiently distinguishable to authenticate that the certification was issued with [the President’s] knowledge and consent or establish his intent to certify. The notation “//signed//” fails to convey the requisite intent, consent and authentication of the certification.

The failure to sign the certification in pen and ink is a fatal defect. The Board explained “the necessity to sign the certification is to hold the signer accountable for any falsities contained therein.” Without a signature, the purported author of the certification could just as easily disavow the certification because “//signed//” cannot be authenticated.

The moral of the story is simple - whenever you have to certify a claim, be sure that you sign the certificate with a real pen with black ink. Deliver it by fax or courier or mail or any way practicable. Avoid using e-mail unless you have an authenticated signature. If you don’t properly sign the certificate, your claim will fail.

Tom Petruska
Contracts Unlimited Incorporated


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