C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS › PART 33—PROTESTS, DISPUTES, AND APPEALS › Subpart 33.2—Disputes and Appeals

48 C.F.R. § 33.206

33.206 Initiation of a claim.

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(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.

[60 FR 48230, Sept. 18, 1995]
Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1992–2021 · leading case: Menominee Indian Tribe of Wisconsin v. United States, 614 F.3d 519 (D.C. Cir. 2010).
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Menominee Indian Tribe of Wisconsin v. United States, 614 F.3d 519 (D.C. Cir. 2010). “” 48 C.F.R. § 33.206 . The district court still dismissed Menominee’s claim for 1995, but it did so based on the doctrine of laches.”
James M. Ellett Constr. Co., Inc. v. United States, 93 F.3d 1537 (Fed. Cir. 1996). “§ 605 (a) (1994); see also 48 C.F.R. § 33.206 ; Bill Strong Enters., Inc.”
Sikorsky Aircraft Corp. v. United States, 773 F.3d 1315 (Fed. Cir. 2014). “1997); 48 C.F.R 33.206(b) (“[t]he contracting officer shall issue a written decision on any Government claim initiated against a contractor within 6 years after accrual of the claim.”
Salt River Pima-Maricopa Indian Cmty. v. United States, 86 Fed. Cl. 607 (Fed. Cl. 2009). · cites it 3× “§ 605 (a); see also 48 C.F.R. § 33.206 (Oct. 1, 2007). Subsequently, the plaintiffs filed an action in this court and filed a concurrent action sounding in tort for trespass and nuisance in United States District Court of Aizona.”
Vanalco, Inc. v. United States, 48 Fed. Cl. 68 (Fed. Cl. 2000). “§ 605 (a); 48 C.F.R. § 33.206 . See also James. M. Ellett Constr.”
Sab Constr., Inc. v. United States, 66 Fed. Cl. 77 (Fed. Cl. 2005). “” 48 C.F.R. § 33.206 . Thus there should be no barrier to the plaintiff bringing an action in the future.”
Motorola, Inc. v. Togo D. West, Sec'y of the Army, 125 F.3d 1470 (Fed. Cir. 1997). “206(b), 48 C.F.R. § 33.206 (b) (1996). This regulation denied retroactive application of the FASA statute of limitations to contracts awarded before October 1,1995.”
Menominee Indian Tribe of Wisconsin v. United States of Am., 841 F. Supp. 2d 99 (D.D.C. 2012). “48 C.F.R § 33.206. Thus, equitable tolling is not applicable to this claim.”
Raytheon Co. v. United States, 104 Fed. Cl. 327 (Fed. Cl. 2012). “See 48 C.F.R. § 33.206 (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 agree to a shorter time period.”
Sucesion J. Serralles, Inc. v. United States, 46 Fed. Cl. 773 (Fed. Cl. 2000). “206(b), 48 C.F.R. § 33.206 (b) (1996). The regulations denied retroactive application of the six-year statute of limitations to contracts awarded before October 1, 1995.”
Aero Union Corp. v. United States, 47 Fed. Cl. 677 (Fed. Cl. 2000). “11 However, the Office of Federal Procurement Policy issued 48 C.F.R. § 33.206 (b) (1996), in September 1995, which prevents the six-year limitations period from being applied to contracts awarded prior to October 1, 1995.”
City of Burbank, California v. United States, 47 Fed. Cl. 261 (Fed. Cl. 2000). “48 C.F.R. § 33.206 (b) (2000). The regulations provide that there will be no retroactive application of the six-year statute of limitations to contracts awarded before October 1, 1995.”
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— 48 C.F.R. § 33.206(b) — 1 case
Sikorsky Aircraft Corp. v. United States, 773 F.3d 1315 (Fed. Cir. 2014). “1997); 48 C.F.R 33.206(b) (“[t]he contracting officer shall issue a written decision on any Government claim initiated against a contractor within 6 years after accrual of the claim.”
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