Why yes, yes you can! In fact, there is a little known provision of the Federal Acquisition Regulations (FAR) that speaks directly to a contractor’s right to request government participation in Alternative Dispute Resolution (ADR) for any contracting “issue in controversy.” And as long as the four essential elements of ADR stated therein are met, a contracting officer must either agree to such ADR or provide a written explanation with cited statutory or legal authority for rejecting the request.
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Including Dollar Amount in Claim “Sum Certain”-ly Serious Business
In a recent case, the Armed Services Board of Contract Appeals, dismissed a claim for lack of jurisdiction because it did not include a “sum certain.”
The case is a good reminder of the importance of demanding a specific sum of money for most claims.
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