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I need to initiate a claim on behalf of my company in accordance with FAR 33.206, and 33.207. Is the claim format essentially a letter detailing the background and circumstances, and the dollar amount owed? Similar to a REA. Is the 'certification' described in 33.207 contained within the letter? Do I simply reattach the accounting invoice also that was not paid, and is in dispute? I suspect if our claim is denied, the attornies will write the next letter. Frankly, I don't think there is a good chance of collecting (PM's followed COTR direction, there was no funding for the tasks and CO claims COTR had no authority, etc. ) but we have to try or else.

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I need to initiate a claim on behalf of my company in accordance with FAR 33.206, and 33.207. Is the claim format essentially a letter detailing the background and circumstances, and the dollar amount owed? Similar to a REA. Is the 'certification' described in 33.207 contained within the letter? Do I simply reattach the accounting invoice also that was not paid, and is in dispute? I suspect if our claim is denied, the attornies will write the next letter. Frankly, I don't think there is a good chance of collecting (PM's followed COTR direction, there was no funding for the tasks and CO claims COTR had no authority, etc. ) but we have to try or else.

Let?s look at the definition of a claim contained in paragraph (c ) of the Disputes clause, FAR 52.233-1:

(c ) ?Claim,? as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

Look at the words in the first sentence. Assert that you are owed money, identify the basis (i.e. right) for the claim, and assert that you want a specific amount of money.

If the claim exceeds $100,000, attach an invoice and see paragraph (d)(2)(iii):

The certification shall state as follows: ?I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor.?
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Guest Vern Edwards

There is no prescribed format. A claim is a demand for something. Write a letter stating clearly what you want from the Government. In your case, it sounds like you want an upward adjustment to the contract price of some amount because the government did something that caused your costs to increase. In your letter:

1. describe the government act or acts that caused your costs to increase -- who, what, when, and where;

2. explain how what the government did caused you to do something that was different from what you were obligated to do or prevented you from doing something what you were entitled to do and how that caused your costs to increase; use diagrams, flowcharts, timelines, and other aids to understanding;

3. state the legal basis for entitlement to the relief that you are asking for -- a contract clause, such as the changes clause, which provides for the relief, or breach of contract.

You cannot just assert -- you must prove. Attach any evidence you have that the government did what you say it did -- letters, memos, emails, signed statements, other documents, photographs, videos, etc. -- and was the cause of the cost increase. Be prepared to show that the costs were not increased due to any other reason.

Attach a complete breakdown of your costs.

If your claim is based on estimated costs, state the bases for your estimate.

If your claim is based on incurred costs, attach any receipts and accounting records that you may have or state where in your records they may be found.

State that you want a CO decision. If the claim is for less than $100,000. state that you want the decision within 60 days. End the letter with the required certification.

Be logical and impersonal. Mind your tone.

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