Contract Disputes Act
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Contract Disputes Act
The Contract Disputes Act of 1978 ("CDA", , ), which became effective on March 1, 1979, establishes the procedures for handling "claims" relating to United States Federal Government contracts. It is codified, as amended, at . Claims by contractors against the Federal Government must be submitted in writing to the Government's Contracting Officer for a decision. Claims by the Federal Government against a contractor must be the subject of a decision by the Contracting Officer. Apart from claims by the Federal Government alleging fraud in connection with a claim by the contractor, all claims by either the Federal Government or the contractor must be submitted within six years after the accrual of the claim. Claims by contractors for more than $100,000 must be accompanied by a certification that (i) the claim is made in good faith, (ii) the supporting data are accurate and complete to the best of the contractor's knowledge and belief, (iii) the amount requested represents the contra ...
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United States Federal Government
The federal government of the United States (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States, a federal republic located primarily in North America, composed of 50 U.S. state, states, a city within a federal district (the city of Washington, D.C., Washington in the District of Columbia, where most of the federal government is based), five major Territories of the United States, self-governing territories and several United States Minor Outlying Islands, island possessions. The federal government, sometimes simply referred to as Washington, is composed of three distinct branches: United States Congress, legislative, #Executive branch, executive, and Federal judiciary of the United States, judicial, whose powers are vested by the United States Constitution, U.S. Constitution in the United States Congress, Congress, the President of the United States, president and the Federal Courts of the United State ...
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Contracting Officer
A Contracting Officer ( KO or CO ) is a person who can bind the Federal Government of the United States to a contract which is greater in value than the federal micro-purchase threshold ($10,000). This is limited to the scope of authority delegated to the Contracting Officer by the head of the agency. The abbreviation "KO" is frequently used.Kennedy, J. L. and Cornelius, R. A.Contracting officer's representatives: What to expect ''Army Sustainment'', published 31 January 2019, accessed 20 February 2020 Responsibilities A Contracting Officer enters into, administers, or terminates contracts and makes related determinations and findings, and is appointed by (SF) 1402, Certificate of Appointment Subsection 414(4) of Title 41, United States Code, requires agency heads to establish and maintain a procurement career management program and a system for the selection, appointment, and termination of appointment of contracting officers. Agency heads or their designees may select and appoint ...
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Fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. Internal fraud, also known as "insider fraud", is fraud committed or attempted by someone within an organisation such as an employee. A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a vi ...
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Good Faith (law)
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in a number of contract types in order to reinforce the express covenants or promises of the contract. A lawsuit (or a cause of action) based upon the breach of the covenant may arise when one party to the contract attempts to claim the benefit of a technical excuse for breaching the contract, or when he or she uses specific contractual terms in isolation in order to refuse to perform his or her contractual obligations, despite the general circumstances and understandings between the parties. When a court or trier of fact interprets a contract, there is always an "implied covenant of good faith and fair dealing" in every written agreement. History In U.S. law, the legal concept of ...
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United States Court Of Federal Claims
The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court, and took its current name in 1992. The court is the successor to trial division of the United States Court of Claims, which was established in 1855. The courthouse of the Court of Federal Claims is situated in the Howard T. Markey National Courts Building (on Madison Place across from the White House) in Washington, D.C. History Court of Claims (1855–1982) The court traces its origins directly back to 1855, when Congress established the United States Court of Claims to provide for the determination of private claims against the United States government. The legislation was signed into law on February 24, 1855, by President Franklin Pierce. Throughout its 160-year history, although it has undergone notable changes in name, size, ...
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Alternative Dispute Resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation. This means that attendance is compulsory, not that settlement must be reached through mediation). Additionally, parties to merger and ...
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Party (law)
A party is an individual or group of individuals that compose a single entity which can be identified as one for the purposes of the law. Parties include: * plaintiff (person filing suit), * defendant (person sued or charged with a crime), * petitioner (files a petition asking for a court ruling), * respondent (usually in opposition to a petition or an appeal), * cross-complainant (a defendant who sues someone else in the same lawsuit), or * cross-defendant (a person sued by a cross-complainant). A person who only appears in the case as a witness is not considered a party. Courts use various terms to identify the role of a particular party in civil litigation, usually identifying the party that brings a lawsuit as the plaintiff, or, in older American cases, the ''party of the first part''; and the party against whom the case was brought as the defendant, or, in older American cases, the ''party of the second part''. In a criminal case in Nigeria and some other countries t ...
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Civilian Board Of Contract Appeals
The Civilian Board of Contract Appeals (CBCA) is an Article I court that was established under the Contract Disputes Act of 1978 as an independent tribunal to hear and decide contract disputes between Government contractors and the General Services Administration (GSA) and other civilian Executive agencies of the United States. Jurisdiction The Civilian Board of Contract Appeals decides disputes between Government contractors and Executive agencies of the United States. The Board's authority extends to all Executive agencies other than the Department of Defense, the National Aeronautics and Space Administration, the United States Postal Service, the Postal Regulatory Commission, the Federal Aviation Administration ((d)(4)), and the Tennessee Valley Authority. Its original jurisdiction over claims involving Government contract disputes partially overlaps as concurrent jurisdiction with the United States Court of Federal Claims under the Contract Disputes Act of 1978, and the "Big ...
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Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the U.S. federal court system. It has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademarks, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other categories. Unlike other federal courts, the Federal Circuit has no jurisdiction over cases involving criminal, bankruptcy, immigration, or U.S. state law. Headquartered in Washington, D.C., the Federal Circuit was created in 1982 with passage of the Federal Courts Improvement Act, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former courts into circuit judges. The court occupies the Howard T. Marke ...
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Interest
In finance and economics, interest is payment from a borrower or deposit-taking financial institution to a lender or depositor of an amount above repayment of the principal sum (that is, the amount borrowed), at a particular rate. It is distinct from a fee which the borrower may pay the lender or some third party. It is also distinct from dividend which is paid by a company to its shareholders (owners) from its profit or reserve, but not at a particular rate decided beforehand, rather on a pro rata basis as a share in the reward gained by risk taking entrepreneurs when the revenue earned exceeds the total costs. For example, a customer would usually pay interest to borrow from a bank, so they pay the bank an amount which is more than the amount they borrowed; or a customer may earn interest on their savings, and so they may withdraw more than they originally deposited. In the case of savings, the customer is the lender, and the bank plays the role of the borrower. Interest diff ...
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Library Of Congress
The Library of Congress (LOC) is the research library that officially serves the United States Congress and is the ''de facto'' national library of the United States. It is the oldest federal cultural institution in the country. The library is housed in three buildings on Capitol Hill in Washington, D.C.; it also maintains a conservation center in Culpeper, Virginia. The library's functions are overseen by the Librarian of Congress, and its buildings are maintained by the Architect of the Capitol. The Library of Congress is one of the largest libraries in the world. Its "collections are universal, not limited by subject, format, or national boundary, and include research materials from all parts of the world and in more than 470 languages." Congress moved to Washington, D.C., in 1800 after holding sessions for eleven years in the temporary national capitals in New York City and Philadelphia. In both cities, members of the U.S. Congress had access to the sizable collection ...
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United States Attorneys' Manual
The ''Justice Manual'' (known before 2018 as the ''United States Attorneys' Manual'') is a looseleaf text designed as a quick and ready reference for United States Attorneys and other employees of the United States Department of Justice responsible for the prosecution of violations of federal law. It contains general policies and guidance relevant to the work of the United States Attorneys' offices and to their relations with the legal divisions, investigative agencies, and other components within the Department of Justice. The ''Manual'' is an internal document of the Department of Justice, and as such, does not have the force of law. It is updated periodically in much the same way as commercial looseleaf services are. New hard copies of the manual are issued annually to the department's attorneys. It is also available online. History The last comprehensive update of the manual was in 2018, the first major revision in more than two decades.
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