Georgia Tech Procurement Assistance Center

  • Home
  • About Us
  • Training
    • Class Registration
    • On-demand Training
    • GTPAC COVID-19 Resource Page
    • Cybersecurity Video
    • Veterans Verification Video
    • GTPAC Community
    • Other Training Audio & Video
  • Useful Links
  • Team Directory
    • Albany Counselor
    • Athens Counselor
    • Atlanta Counselors
    • Augusta Counselor
    • Carrollton Counselor
    • Columbus Counselor
    • Gainesville Counselor
    • Savannah Counselor
    • Warner Robins Counselor
  • Directions
    • Athens
    • Atlanta – Training Facility
    • Atlanta – Office
    • Albany
    • Augusta
    • Carrollton
    • Columbus
    • Gainesville
    • Savannah
    • Warner Robins
  • COVID-19
  • New Client Application
  • Contact Us

When government’s failure to issue final decision on a certified claim is a deemed denial

June 16, 2015 By ei2admin

A recent decision from the United States Court of Federal Claims (COFC) sets forth the standard for when the government’s failure to make a decision on a certified claim will be considered a deemed denial. InRudolph and Sletten, Inc. v. U.S., the COFC clarified the Contract Disputes Act (CDA) timing requirement for the government to issue a decision on a certified claim.

Certification of a Contract ClaimIn Rudolph and Sletten, the contractor, Rudolph and Sletten (R&S), submitted a certified claim seeking a time extension and additional costs related to a contract for the construction of the Southwest Fisheries Science Center Replacement Headquarters and Laboratory in La Jolla, California. R&S originally submitted its certified claim on August 20, 2013. On October 21, 2013, the contracting officer advised R&S that, given the complexity of the claim, he would need additional time to issue a decision and advised that a decision would be made within nine months. R&S then requested that the contracting officer provide an explanation or work plan detailing the reason for the nine-month extension. The contracting officer provided R&S the explanation and stated that a decision would be made by July 15, 2014. On July 8, 2014, however, the contracting officer informed R&S that he would not reach a final decision on R&S’s first claim by July 15, 2014 as originally estimated, and that, instead, a final decision would be forthcoming on March 15, 2015. R&S then filed an action in the COFC on July 23, 2014. The government sought to dismiss the case before the COFC on the basis that the court lacked jurisdiction to hear the case, because no final decision had been issued by the contracting officer as required by the CDA. R&S argued that the contracting officer’s failure to issue a decision within the required time constituted a deemed denial.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=402296

Filed Under: Contracting Tips Tagged With: certified claim, claim, Contracting Officer's Decision, Court of Federal Claims, deemed denial

Recent Posts

  • DoD publishes long awaited interim rule on CMMC
  • GSA Region 4 OSDBU hosting small business webinar
  • GTPAC launches COVID-19 resource page
  • GDEcD seeks GA Manufacturers and Distributors that can help with critical health care supply needs related to COVID-19
  • Georgia DOAS to hold 4th Annual Georgia Procurement Conference April 21-23, 2020

Popular Topics

8(a) abuse Army bid protest budget budget cuts certification construction contract awards contracting opportunities cybersecurity DoD DOJ False Claims Act FAR federal contracting federal contracts fraud GAO Georgia Tech government contracting government contract training government trends GSA GSA Schedule GTPAC HUBZone innovation IT Justice Dept. marketing NDAA OMB SBA SDVOSB set-aside small business small business goals spending subcontracting technology VA veteran owned business VOSB wosb

Contracting News

DoD publishes long awaited interim rule on CMMC

Small business subcontracting for cloud computing gets easier

Long awaited changes to WOSB/EDWOSB regulations expected this summer

The CMMC has arrived: DoD publishes version 1.0 of its new cybersecurity framework

GSA keeping ‘on track’ with schedule consolidation

Read More

Contracting Tips

A guide to labor and employment obligations for federal contractors

Who pays for CMMC certification?

Other transaction agreements: Where does an unsuccessful bidder go?

Knowledge is power, if you know how to use it

EAJA provides relief to construction contractor for government’s bad actions

Read More

GTPAC News

GSA Region 4 OSDBU hosting small business webinar

GTPAC launches COVID-19 resource page

GDEcD seeks GA Manufacturers and Distributors that can help with critical health care supply needs related to COVID-19

Georgia DOAS to hold 4th Annual Georgia Procurement Conference April 21-23, 2020

MICC Fort Stewart hosting acquisition forecast open house on Thursday, Feb. 6, 2020

Read More

Georgia Tech News

Dr. Abdallah testifies on U.S. competitiveness, research, STEM pipeline at Congressional hearing

Georgia Tech’s Technology Square Phase III to include George Tower

Student surprises his teacher with Georgia Tech acceptance news

Georgia Tech Applied Research will support DHS information safeguarding effort

$25 million project will advance DNA-based archival data storage

Read More

  • SAM.gov registration is free, and help with SAM is free, too
APTAC RSS Twitter GTPAC - 30th Year of Service

Copyright © 2021 · Georgia Tech - Enterprise Innovation Institute