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Closing fixed priced contracts that have passed the statutes of limitation


Henry O

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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.

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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.

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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.

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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.

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