Does the COFD stand? After 12 months does the COFD become final? Or does the COFD become null when the contractor withdraws his claim.
Per our conversation, this contractor is planning on submitting another claim on the same topic. I believe it goes against statute to let the contractor withdraw his current claim in order to re-start the clock on the appeals process. The Contracting Officer’s Final Decision (COFD) has already been submitted by the contracting officer. It is already too late for the contractor to appeal to the Armed Services Board of Contract Appeal (90 days after the COFD) and the contractor is nearing the expiration of time to appeal to the US Court of Federal Appeal (12 months). The contractor can still appeal, but it can’t withdraw its current claim with hopes of restarting the clock with a second, similar claim. The current COFD stands. I base this opinion on the disputes clause at 52.233-1 – Disputes and language in 41 USC Chapter 71 (attached and see paragraph g highlighted in yellow) which are clear as to the finality of a COFD.
As prescribed in 33.215, insert the following clause:
Disputes (May 2014)
(f) The Contracting Officer’s decision shall be final unless the Contractor appeals or files a suit as provided in 41 U.S.C. chapter 71.
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