Affirmative government claims arising out of a contract subject to the Contract Disputes Act of 1978 (CDA), 41 U.S.C. § 601 et seq., must be the subject of a contracting officer's decision. If no appeal of the contracting officer's decision is taken by the contractor either to an appropriate Board of Contract Appeals within 90 days, or to the United States Court of Federal Claims within one year, that decision is final and not subject to further review. In such circumstances, an affirmative CDA suit may be filed in a district court to reduce the decision to an enforceable judgment. The Commercial Litigation Branch’s Corporate/Financial Litigation Section should be contacted prior to a suit being filed, and internal guidance on such claims should be consulted. Defensive contract litigation is discussed at JM 4-4.210. The USAO’s authority with respect to litigating, compromising, and closing contract cases is set forth in 28 C.F.R. Part 0, Subpart Y, and Appendix.

[updated April 2018]