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Stephanie M. Harden and David L. Bodner ●
Welcome back to our “Lifecycle of a Claim” series. This series explores the Contract Disputes Act claims process, with practical guidance stemming from recent case law every step of the way. Click the subscribe button on this page to get timely updates right in your inbox!
This series walks through this infographic (click here or the image below to expand), which illustrates the lifecycle of a typical claim:
Our previous posts are available at the following hyperlinks: Part I, Part II, and Part III. This post focuses on Steps 6 through 8 of this process: reviewing the Contracting Officer’s Final Decision (“COFD”), accepting or the appealing the COFD, and resolving or litigating the matter.
We begin with these essential questions: What is a COFD? What can a contractor do if it does not like the COFD? And what is the timeline to appeal a COFD?
What Is a COFD?
A COFD is a Contracting Officer’s (“CO”) decision on the merits, which provides the reasons for the decision and notifies the contractor of its appeal rights. 41 U.S.C. § 7103(d)-(e). The FAR describes a COFD as a written decision that:
i. Describes the claim or dispute
ii. References pertinent contract terms
iii. States the factual areas of disagreement
iv. States the CO’s decision, with supporting rationale
v. includes notice of contractor’s appeal rights “substantially as follows:”
Continue reading “Lifecycle of a Claim, Part IV: Contracting Officer’s Final Decision”
The Department of Defense’s (“DoD”) Office of Under Secretary of Defense for Acquisition and Sustainment issued Guidance on March 10, 2020, addressing internal and external communications in response to the coronavirus COVID-19 pandemic. See