H. R. 1107—142 
Government relating to a contract shall be submitted to the 
contracting officer for a decision. 
(2) CONTRACTOR’S CLAIMS IN WRITING.—Each claim by a con-
tractor against the Federal Government relating to a contract 
shall be in writing. 
(3) CONTRACTING OFFICER TO DECIDE FEDERAL GOVERNMENT’S 
CLAIMS.—Each claim by the Federal Government against a 
contractor relating to a contract shall be the subject of a written 
decision by the contracting officer. 
(4) TIME FOR SUBMITTING CLAIMS.— 
(A) IN GENERAL.—Each claim by a contractor against 
the Federal Government relating to a contract and each 
claim by the Federal Government against a contractor 
relating to a contract shall be submitted within 6 years 
after the accrual of the claim. 
(B) EXCEPTION.—Subparagraph (A) of this paragraph 
does not apply to a claim by the Federal Government 
against a contractor that is based on a claim by the con-
tractor involving fraud. 
(5) APPLICABILITY.—The authority of this subsection and sub-
sections (c)(1), (d), and (e) does not extend to a claim or dispute 
for penalties or forfeitures prescribed by statute or regulation 
that another Federal agency is specifically authorized to admin-
ister, settle, or determine. 
(b) CERTIFICATION OF CLAIMS.— 
(1) REQUIREMENT
GENERALLY.—For claims of more than 
$100,000 made by a contractor, the contractor shall certify 
that— 
(A) the claim is made in good faith; 
(B) the supporting data are accurate and complete to 
the best of the contractor’s knowledge and belief; 
(C) the amount requested accurately reflects the contract 
adjustment for which the contractor believes the Federal 
Government is liable; and 
(D) the certifier is authorized to certify the claim on 
behalf of the contractor. 
(2) WHO
MAY
EXECUTE
CERTIFICATION.—The certification 
required by paragraph (1) may be executed by an individual 
authorized to bind the contractor with respect to the claim. 
(3) FAILURE TO CERTIFY OR DEFECTIVE CERTIFICATION.—A con-
tracting officer is not obligated to render a final decision on 
a claim of more than $100,000 that is not certified in accordance 
with paragraph (1) if, within 60 days after receipt of the claim, 
the contracting officer notifies the contractor in writing of the 
reasons why any attempted certification was found to be defec-
tive. A defect in the certification of a claim does not deprive 
a court or an agency board of jurisdiction over the claim. 
Prior to the entry of a final judgment by a court or a decision 
by an agency board, the court or agency board shall require 
a defective certification to be corrected. 
(c) FRAUDULENT CLAIMS.— 
(1) NO
AUTHORITY
TO
SETTLE.—This section does not 
authorize an agency head to settle, compromise, pay, or other-
wise adjust any claim involving fraud. 
(2) LIABILITY OF CONTRACTOR.—If a contractor is unable to 
support any part of the contractor’s claim and it is determined 
that the inability is attributable to a misrepresentation of fact 
or fraud by the contractor, then the contractor is liable to
H. R. 1107—143 
the Federal Government for an amount equal to the unsup-
ported part of the claim plus all of the Federal Government’s 
costs attributable to reviewing the unsupported part of the 
claim. Liability under this paragraph shall be determined 
within 6 years of the commission of the misrepresentation 
of fact or fraud. 
(d) ISSUANCE OF DECISION.—The contracting officer shall issue 
a decision in writing and shall mail or otherwise furnish a copy 
of the decision to the contractor. 
(e) CONTENTS
OF DECISION.—The contracting officer’s decision 
shall state the reasons for the decision reached and shall inform 
the contractor of the contractor’s rights as provided in this chapter. 
Specific findings of fact are not required. If made, specific findings 
of fact are not binding in any subsequent proceeding. 
(f) TIME FOR ISSUANCE OF DECISION.— 
(1) CLAIM OF $100,000 OR LESS.—A contracting officer shall 
issue a decision on any submitted claim of $100,000 or less 
within 60 days from the contracting officer’s receipt of a written 
request from the contractor that a decision be rendered within 
that period. 
(2) CLAIM OF MORE THAN $100,000.—A contracting officer shall, 
within 60 days of receipt of a submitted certified claim over 
$100,000— 
(A) issue a decision; or 
(B) notify the contractor of the time within which a 
decision will be issued. 
(3) GENERAL REQUIREMENT OF REASONABLENESS.—The deci-
sion of a contracting officer on submitted claims shall be issued 
within a reasonable time, in accordance with regulations pre-
scribed by the agency, taking into account such factors as 
the size and complexity of the claim and the adequacy of 
information in support of the claim provided by the contractor. 
(4) REQUESTING TRIBUNAL TO DIRECT ISSUANCE WITHIN SPECI-
FIED TIME PERIOD.—A contractor may request the tribunal con-
cerned to direct a contracting officer to issue a decision in 
a specified period of time, as determined by the tribunal con-
cerned, in the event of undue delay on the part of the con-
tracting officer. 
(5) FAILURE
TO
ISSUE
DECISION
WITHIN
REQUIRED
TIME 
PERIOD.—Failure by a contracting officer to issue a decision 
on a claim within the required time period is deemed to be 
a decision by the contracting officer denying the claim and 
authorizes an appeal or action on the claim as otherwise pro-
vided in this chapter. However, the tribunal concerned may, 
at its option, stay the proceedings of the appeal or action 
to obtain a decision by the contracting officer. 
(g) FINALITY OF DECISION UNLESS APPEALED.—The contracting 
officer’s decision on a claim is final and conclusive and is not 
subject to review by any forum, tribunal, or Federal Government 
agency, unless an appeal or action is timely commenced as author-
ized by this chapter. This chapter does not prohibit an executive 
agency from including a clause in a Federal Government contract 
requiring that, pending final decision of an appeal, action, or final 
settlement, a contractor shall proceed diligently with performance 
of the contract in accordance with the contracting officer’s decision. 
(h) ALTERNATIVE MEANS OF DISPUTE RESOLUTION.— 
(1) IN GENERAL.—Notwithstanding any other provision of this 
chapter, a contractor and a contracting officer may use any