Henry O Posted January 31, 2020 Report Share Posted January 31, 2020 I've been trying to get release of claims for some very old contract that my finance department have since closed. It's been impossible to get the contractors. Is there a way around closing those contracts without release of claim since they passed the statutes of limitation? Any help with this will be greatly appreciated. Link to comment Share on other sites More sharing options...
ji20874 Posted January 31, 2020 Report Share Posted January 31, 2020 Close the contract file. The FAR never requires a release of claims for closeout. And you don’t need a release of claims, as what you style as the statutes of limitation have passed. A release of claims will give you zero benefit. So, it isn’t required in the first place, and it would do no good even if you had it. Close the contract file. Link to comment Share on other sites More sharing options...
Henry O Posted January 31, 2020 Author Report Share Posted January 31, 2020 Thanks. How do I go about closing the files since they've passed the statutes of limitation. Any FAR reference aside from FAR 4.804. Thanks again Link to comment Share on other sites More sharing options...
ji20874 Posted January 31, 2020 Report Share Posted January 31, 2020 Just do what FAR 4.804 says. It does not require a release of claims. If your local practice calls for obtaining a release of claims, put a memo in the file saying you tried to get one (even though the FAR doesn’t require it and it will do no good), but the contractor did not provide one. Link to comment Share on other sites More sharing options...
Henry O Posted January 31, 2020 Author Report Share Posted January 31, 2020 Thanks! Link to comment Share on other sites More sharing options...
Retreadfed Posted January 31, 2020 Report Share Posted January 31, 2020 2 hours ago, Henry O said: they passed the statutes of limitation Henry, what do you mean by this? The statute of limitations comes into play once a claim has accrued. How do you know that no contractor claims have accrued in the last six years? Link to comment Share on other sites More sharing options...
Henry O Posted January 31, 2020 Author Report Share Posted January 31, 2020 These are contracts that were executed 15 to 25 years ago that were not officially closed yet though finance department shows nothing is owed. Link to comment Share on other sites More sharing options...
C Culham Posted January 31, 2020 Report Share Posted January 31, 2020 The discussion made me think of the this. I know not directly related but when 15-25 years is mentioned having it as a reference might be useful. https://www.archives.gov/records-mgmt/grs.html Link to comment Share on other sites More sharing options...
Retreadfed Posted January 31, 2020 Report Share Posted January 31, 2020 4 hours ago, Henry O said: These are contracts that were executed 15 to 25 years ago that were not officially closed yet though finance department shows nothing is owed. This does not mean that there are no claims lurking out there someplace. Are these contracts subject to the 6 year SOL in the CDA? I am now dealing with claims on contracts that were awarded in 1983, and not subject to the 6 year SOL. Link to comment Share on other sites More sharing options...
Henry O Posted January 31, 2020 Author Report Share Posted January 31, 2020 Thanks. What advise, suggestion or guidance do you have. Thanks again Link to comment Share on other sites More sharing options...
ji20874 Posted January 31, 2020 Report Share Posted January 31, 2020 Retreadfed, Are you thinking that the original poster should not close out the contract files, but should keep them open? Or that he should continue trying to get a release of claims? Link to comment Share on other sites More sharing options...
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