Page:United States Statutes at Large Volume 124.djvu/3844

 124 STAT. 3818 PUBLIC LAW 111–350—JAN. 4, 2011 Government relating to a contract shall be submitted to the contracting officer for a decision. (2) CONTRACTOR’S CLAIMS IN WRITING.—Each claim by a con- tractor against the Federal Government relating to a contract shall be in writing. (3) CONTRACTING OFFICER TO DECIDE FEDERAL GOVERNMENT’S CLAIMS.—Each claim by the Federal Government against a contractor relating to a contract shall be the subject of a written decision by the contracting officer. (4) TIME FOR SUBMITTING CLAIMS.— (A) IN GENERAL.—Each claim by a contractor against the Federal Government relating to a contract and each claim by the Federal Government against a contractor relating to a contract shall be submitted within 6 years after the accrual of the claim. (B) EXCEPTION.—Subparagraph (A) of this paragraph does not apply to a claim by the Federal Government against a contractor that is based on a claim by the con- tractor involving fraud. (5) APPLICABILITY.—The authority of this subsection and sub- sections (c)(1), (d), and (e) does not extend to a claim or dispute for penalties or forfeitures prescribed by statute or regulation that another Federal agency is specifically authorized to admin- ister, settle, or determine. (b) CERTIFICATION OF CLAIMS.— (1) REQUIREMENT GENERALLY.—For claims of more than $100,000 made by a contractor, the contractor shall certify that— (A) the claim is made in good faith; (B) the supporting data are accurate and complete to the best of the contractor’s knowledge and belief; (C) the amount requested accurately reflects the contract adjustment for which the contractor believes the Federal Government is liable; and (D) the certifier is authorized to certify the claim on behalf of the contractor. (2) WHO MAY EXECUTE CERTIFICATION.—The certification required by paragraph (1) may be executed by an individual authorized to bind the contractor with respect to the claim. (3) FAILURE TO CERTIFY OR DEFECTIVE CERTIFICATION.—A con- tracting officer is not obligated to render a final decision on a claim of more than $100,000 that is not certified in accordance with paragraph (1) if, within 60 days after receipt of the claim, the contracting officer notifies the contractor in writing of the reasons why any attempted certification was found to be defec- tive. A defect in the certification of a claim does not deprive a court or an agency board of jurisdiction over the claim. Prior to the entry of a final judgment by a court or a decision by an agency board, the court or agency board shall require a defective certification to be corrected. (c) FRAUDULENT CLAIMS.— (1) NO AUTHORITY TO SETTLE.—This section does not authorize an agency head to settle, compromise, pay, or other- wise adjust any claim involving fraud. (2) LIABILITY OF CONTRACTOR.—If a contractor is unable to support any part of the contractor’s claim and it is determined that the inability is attributable to a misrepresentation of fact or fraud by the contractor, then the contractor is liable to