---
kind: "section"
citation: "40 C.F.R. § 35.6600"
title: "40"
number: "35.6600"
heading: "Contractor claims."
url: "https://uscodex.org/cfr/40/35.6600"
---

# §35.6600. Contractor claims.

- (a) **General.** The recipient must conduct an administrative and technical review of each claim before EPA will consider funding these costs.
- (b) **Claims settlement.** The recipient may incur costs (including legal, technical and administrative) to assess the merits of or to negotiate the settlement of a claim by or against the recipient under a contract, provided:
  - (1) The claim arises from work within the scope of the Cooperative Agreement;
  - (2) A formal Cooperative Agreement amendment is executed specifically covering the costs before they are incurred;
  - (3) The costs are not incurred to prepare documentation that should be prepared by the contractor to support a claim against the recipient; and
  - (4) The award official determines that there is a significant Federal interest in the issues involved in the claim.
- (c) **Claims defense.** The recipient may incur costs (including legal, technical and administrative) to defend against a contractor claim for increased costs under a contract or to prosecute a claim to enforce a contract provided:
  - (1) The claim arises from work within the scope of the Cooperative Agreement;
  - (2) A formal Cooperative Agreement amendment is executed specifically covering the costs before they are incurred;
  - (3) Settlement of the claim cannot occur without arbitration or litigation;
  - (4) The claim does not result from the recipient's mismanagement;
  - (5) The award official determines that there is a significant Federal interest in the issues involved in the claim; and
  - (6) In the case of defending against a contractor claim, the claim does not result from the recipient's responsibility for the improper action of others.

## Notes

### Authority

Authority: 42 U.S.C. 9601 et seq.

### Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.