C.F.R. » Title 25 » CHAPTER V—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › PART 900—CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT › Subpart N—Post-Award Contract Disputes

25 C.F.R. § 900.218

What is a claim under the CDA?

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(a) A claim is a written demand by one of the contracting parties, asking for one or more of the following:

(1) Payment of a specific sum of money under the contract;

(2) Adjustment or interpretation of contract terms; or

(3) Any other claim relating to the contract.

(b) However, an undisputed voucher, invoice, or other routing request for payment is not a claim under the CDA. A voucher, invoice, or routing request for payment may be converted into a CDA claim if:

(1) It is disputed as to liability or amount; or

(2) It is not acted upon in a reasonable time and written notice of the claim is given to the awarding official by the senior official designated in the contract.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2013–2022 · leading case: Seneca Nation of Indians v. United States Dep't of Health & Human Servs., 945 F. Supp. 2d 135 (D.D.C. 2013).
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Seneca Nation of Indians v. United States Dep't of Health & Human Servs., 945 F. Supp. 2d 135 (D.D.C. 2013). · cites it 4× “” 25 C.F.R. § 900.218 (a). Because the Nation requests post-award payments of specific additional sums under the contracts, the claims described in the April 2011 Letter clearly fall within the scope of those post-award contract claims that must be submitted under the CDA.”
Seneca Nation of Indians v. U.S. Dep't of Health & Human Servs., 144 F. Supp. 3d 115 (D.D.C. 2015). “25 C.F.R. § 900.218 (a); 25 U.S.C. § 450m-l(d) (the Contract Disputes Act “shall apply to self-determination contracts”).”
Tanana Chiefs Conf. v. Azar (D.D.C. 2022). · cites it 3× “Both responses assert: “IHS hereby determines that the [TCC claim] letter does not constitute a proper claim under the CDA,” because it did not adhere to the “requirement that a claim ask for payment of a specific sum of money under the contract,” as mandated by 25 C.F.R. §…”
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