33.211
Contracting officer’s decision
FAR 33.211 requires contracting officers to issue timely, well-documented decisions on contract claims, outlining appeal rights and ensuring contractors are informed of their options and deadlines.
Overview
FAR 33.211 outlines the procedures and requirements for contracting officers when issuing a final decision on a claim by or against a contractor. This section ensures that claims are handled fairly, timely, and with proper documentation, providing contractors with clear guidance on their rights and appeal options.
Key Rules
- Written Decision Requirement
- Contracting officers must issue a written decision on claims, including a description of the dispute, references to contract terms, factual agreements/disagreements, rationale, and appeal rights.
- Notification and Delivery
- The decision must be sent to the contractor by certified mail or another method that provides evidence of receipt.
- Timeliness
- Decisions must be issued within 60 days for claims of $100,000 or less (if requested), or within a reasonable time. For claims over $100,000, a decision or notification of delay must be provided within 60 days.
- Defective Certification
- No obligation to decide claims over $100,000 with defective certification if the contractor is notified of the defect within 60 days.
- Appeal Rights
- Contractors may appeal to the agency board of contract appeals or the U.S. Court of Federal Claims, with specific procedures and deadlines outlined in the decision letter.
- Deemed Denial
- Failure to issue a decision within required timeframes is considered a denial, allowing the contractor to appeal.
- Payment of Amounts Due
- Amounts determined payable should be paid promptly, without prejudice to appeal rights.
Responsibilities
- Contracting Officers: Must review claims, coordinate with advisors, issue timely and complete written decisions, notify contractors, and process payments as appropriate.
- Contractors: Must submit claims with proper certification, respond to notifications, and follow appeal procedures if disputing the decision.
- Agencies: Ensure oversight of the claims process and compliance with statutory timeframes.
Practical Implications
- This section ensures transparency, fairness, and due process in resolving contract disputes. Contractors must be aware of strict timelines and documentation requirements to preserve their rights. Delays or errors in certification can impact the resolution process, and failure to act within deadlines can result in automatic denial of claims.