(Editor’s Note.  The following shows the downside of failing to properly certify a claim.)

MedTek submitted a letter to the agency CO requesting $350,000 for contract delays, legal fees and losses related to performing its contract and received a denial from the CO which MedTek considered to be a final decision. It next appealed the final decision to the Board of Contract Appeals who refused to hear the case asserting the $350,000 claim was not properly certified and hence the Board had no jurisdiction to hear the appeal. The Board explained that the Contract Disputes Act states a claim of more than $100,000 must be certified and failure to do so precludes the board from having jurisdiction to consider an appeal from a CO’s decision on that claim. The Board explained a contractor must certify that a claim is made in good faith, that the supporting data are accurate and complete to the best of its knowledge and that the amount requested accurately reflects the contract adjustment for which it believes the government is liable. In addition, the certifier must be authorized to certify a claim on behalf of a contractor for claims of more than $100,000. Here there is no evidence the claim was ever certified (MedTek Inc., CBCA No. 1153).

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