Wednesday, June 8, 2011
Government Not Required to Certify Claims under CDA
In trying to avoid the government's claim against it, a contractor recently tried to argue to the Civilian Board of Contract Appeals in Navigant SatoTravel v. General Services Administration, CBCA, No. 449, 5/26/11, that the Board lacked jurisdiction because the government did not certify its claim against Navigant. The Board rejected the argument, holding that the Contract Disputes Act does not require such certification by the government.While not a surprising result, one has to like the attempted creativity to avoid obligation by the contractor. The decision has some other interesting aspects regarding burden of proof for those finding that of interest.