33.206
Initiation of a claim
Both contractors and the government must initiate claims within six years of accrual, ensuring timely dispute resolution and protecting their rights under the contract.
Overview
FAR 33.206 establishes the procedures and timeframes for initiating claims under government contracts. Contractors must submit claims in writing to the contracting officer within six years after the claim accrues, unless a shorter period is agreed upon. This six-year limitation does not apply to contracts awarded before October 1, 1995. Similarly, the government must initiate any claims against a contractor within six years of accrual, with exceptions for older contracts and claims involving fraud. The contracting officer is responsible for documenting the date a claim is received in the contract file and must issue a written decision on government claims within the same six-year period, unless exceptions apply.
Key Rules
- Contractor Claim Submission
- Contractors must submit claims in writing to the contracting officer within six years of claim accrual, unless a shorter period is specified in the contract.
- Government Claim Initiation
- The government must initiate claims against contractors within six years of accrual, except for contracts before October 1, 1995, or claims involving fraud.
- Documentation Requirement
- The contracting officer must document the contract file with the date of receipt of any claim submission.
Responsibilities
- Contracting Officers: Must document receipt of claims and issue written decisions on government claims within the required timeframe.
- Contractors: Must submit claims in writing within the six-year period (unless otherwise agreed).
- Agencies: Ensure compliance with claim initiation and documentation requirements.
Practical Implications
- This section ensures timely resolution of contract disputes by imposing a statute of limitations on claim submissions.
- Contractors and agencies must track claim accrual dates carefully to avoid forfeiting rights.
- Failure to comply with these timeframes can result in dismissal of claims or loss of entitlement.