FAR 33.206—Initiation of a claim.
Plain-English Summary
FAR 33.206 sets the basic filing deadlines for Contract Disputes Act claims and explains when those deadlines begin and how they apply to both contractor claims and Government claims. It covers the 6-year statute of limitations, the ability of the parties to agree to a shorter period, the special rule excluding contracts awarded before October 1, 1995, the requirement that contractor claims be submitted in writing to the contracting officer for a decision, the contracting officer’s duty to document the date a claim is received, and the separate rule for Government claims, including the exception for Government claims based on a contractor claim involving fraud. In practice, this section determines whether a claim is timely and therefore whether it can be pursued at all. It is a threshold rule: if a claim is late, the merits may never be reached. For contractors, it means tracking accrual dates carefully and submitting claims before the deadline. For contracting officers, it means preserving evidence of receipt, recognizing when a submission is a claim, and issuing decisions on Government claims within the required period.
Key Rules
Six-year filing limit
A contractor must submit a written claim to the contracting officer within 6 years after the claim accrues, unless the contract sets a shorter period. The same 6-year limit applies to Government claims against a contractor, subject to the exceptions in this section.
Accrual controls the clock
The deadline runs from the date the claim accrues, not from when the party decides to pursue it. Accrual is therefore the critical date for determining timeliness, and parties must be able to identify and support that date.
Written submission required
Contractor claims must be submitted in writing to the contracting officer for a decision. A verbal complaint or informal request is not enough to start the disputes process or preserve the claim deadline.
Receipt must be documented
When the contracting officer receives a contractor submission that is deemed to be a claim, the contract file must show evidence of the date of receipt. This protects the record and helps establish whether the claim was timely filed.
Government claim decision deadline
The contracting officer must issue a written decision on a Government claim within 6 years after the claim accrues, unless a shorter agreed period applies. This ensures Government claims are pursued promptly and with a formal decision.
Older contracts excluded
The 6-year period does not apply to contracts awarded before October 1, 1995. Those contracts are treated under the special timing rule stated in the regulation rather than the general 6-year limitation.
Fraud-based exception
The 6-year limit does not apply to a Government claim based on a contractor claim involving fraud. This preserves the Government’s ability to address fraud-related matters outside the normal limitations period.
Responsibilities
Contractor
Submit any claim in writing to the contracting officer within 6 years after the claim accrues, unless the contract provides a shorter deadline. The contractor should also ensure the submission is clearly presented as a claim and keep proof of when it was delivered.
Contracting Officer
Receive contractor claims, document the contract file with evidence of the date of receipt, and issue written decisions on Government claims within 6 years after accrual unless a shorter agreed period applies. The contracting officer must also recognize the special exceptions for pre-October 1, 1995 contracts and fraud-based Government claims.
Agency
Maintain contract administration and records that support timely claim processing, including file documentation of receipt dates and decision timelines. The agency must ensure its personnel understand and apply the limitations period consistently.
Contracting Parties
If they choose, agree in the contract to a shorter claim submission or decision period than the default 6 years. Any shorter period must be clear and enforceable within the contract terms.
Practical Implications
Timeliness is often the first issue in a dispute, so parties should track claim accrual dates early and carefully.
Contractors can lose otherwise valid claims if they wait too long or fail to submit the claim in writing to the contracting officer.
Contracting officers should preserve proof of receipt, because the receipt date can determine whether the claim was filed on time.
A submission that looks informal may still be treated as a claim, so both sides should be alert to when a request becomes a formal claim.
Fraud allegations and older contracts can change the timing analysis, so users should not assume the 6-year rule applies in every case.
Official Regulatory Text
(a) Contractor claims shall be submitted, in writing, to the contracting officer for a decision within 6 years after accrual of a claim, unless the contracting parties agreed to a shorter time period. This 6-year time period does not apply to contracts awarded prior to October 1,1995. The contracting officer shall document the contract file with evidence of the date of receipt of any submission from the contractor deemed to be a claim by the contracting officer. (b) The contracting officer shall issue a written decision on any Government claim initiated against a contractor within 6 years after accrual of the claim, unless the contracting parties agreed to a shorter time period. The 6-year period shall not apply to contracts awarded prior to October 1,1995, or to a Government claim based on a contractor claim involving fraud.