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Notes

49 C.F.R. §§ 29.912–29.923

12 sections in range

§29.912. What is a post-award dispute?

49 C.F.R. § 29.912

A post-award dispute is a claim that arises under the Contract Disputes Act of 1978 (CDA), 41 U.S.C. 7101-7109. Such disputes arise once a compact or funding agreement is executed. Post-award disputes include:
(a)
Disputed interpretation of a provision of an executed compact or funding agreement;
(b)
Disallowance of costs under a funding agreement;
(c)
Suspension of payments under a funding agreement;
(d)
Allocation, distribution, or reduction of funds when a dispute arises between a consortium and a withdrawing Tribe;
(e)
Failure to comply with the terms of a funding agreement; and
(f)
Any other claim arising out of a compact or funding agreement.
Notes, amendments, and revision history

Authority

Authority: 23 U.S.C. 207

Source

Source: 85 FR 33504, June 1, 2020, unless otherwise noted.

§29.913. What is a claim under the Contract Disputes Act?

49 C.F.R. § 29.913

A Contract Disputes Act claim is a written demand filed by a Tribe that seeks one or more of the following:
(a)
Payment of a specific sum of money under the funding agreement;
(b)
Adjustment or interpretation of terms in a funding agreement;
(c)
Payment that is disputed as to liability or amount;
(d)
Payment that the Department has not acted upon in a reasonable time following a demand for payment; or
(e)
Any other claim relating to the terms of the compact or funding agreement.
Notes, amendments, and revision history

Authority

Authority: 23 U.S.C. 207

Source

Source: 85 FR 33504, June 1, 2020, unless otherwise noted.

§29.914. How does a Tribe file a Contract Disputes Act claim?

49 C.F.R. § 29.914

A Tribe must submit its claim in writing to the Self-Governance Official, who serves as the Department's awarding official for the purposes of Contract Disputes Act claims. The Self-Governance Official will document the receipt of the claim.
Notes, amendments, and revision history

Authority

Authority: 23 U.S.C. 207

Source

Source: 85 FR 33504, June 1, 2020, unless otherwise noted.

§29.915. Must a Tribe certify a Contract Disputes Act claim?

49 C.F.R. § 29.915

A Tribe must certify a claim for more than $100,000 in accordance with the Contract Disputes Act. The Tribe must certify that:
(a)
The claim is made in good faith;
(b)
Documents or data supporting the claim are accurate and complete to the best of the Tribe's knowledge and belief;
(c)
The amount claimed accurately reflects the amount the Tribe believes is owed; and
(d)
The individual making the certification is authorized to make the claim on behalf of the Tribe and bind the Tribe with respect to the claim.
Notes, amendments, and revision history

Authority

Authority: 23 U.S.C. 207

Source

Source: 85 FR 33504, June 1, 2020, unless otherwise noted.

§29.916. Who bears the burden of proof in a Contract Disputes Act claim?

49 C.F.R. § 29.916

The Tribe bears the burden of proof to demonstrate, by a preponderance of the evidence, the validity of a Contract Disputes Act claim.
Notes, amendments, and revision history

Authority

Authority: 23 U.S.C. 207

Source

Source: 85 FR 33504, June 1, 2020, unless otherwise noted.

§29.917. What is the Department's role in processing a Contract Disputes Act claim?

49 C.F.R. § 29.917

(a)
The Department must document the date that the Self-Governance Official received the claim.
(b)
The Self-Governance Official must provide the Tribe with an opportunity to resolve the claim informally with assistance from Department officials who have not substantially participated in the disputed matter. Such informal mechanisms may include participating in dispute resolution pursuant to § 29.901.
(c)
If the Department and the Tribe do not agree on a settlement, the Self-Governance Official must issue a written decision on the claim by any method that provides a receipt.
Notes, amendments, and revision history

Authority

Authority: 23 U.S.C. 207

Source

Source: 85 FR 33504, June 1, 2020, unless otherwise noted.

§29.918. What information must the Self-Governance Official's decision contain?

49 C.F.R. § 29.918

(a)
The Self-Governance Official's decision must—
(1)
Describe the claim or dispute;
(2)
Reference the relevant terms of the compact or funding agreement;
(3)
Set forth the factual areas of agreement and disagreement; and
(4)
Set forth the Self-Governance Official's decision, and provide the facts and reasons that support the decision.
(b)
The Self-Governance Official must provide the decision to the Tribe and describe the Tribe's appeal rights in language similar to the following:

This is a final decision. You may appeal this decision to the Civilian Board of Contract Appeals (CBCA), 1800 F Street NW, Washington, DC 20245. If you decide to appeal, you must provide written notice within 90 days of receipt of this decision to the CBCA and provide a copy to the Self-Governance Official. The notice must indicate that an appeal is intended, and refer to the decision and contract number. Instead of appealing to the CBCA, you may bring an action in the U.S. Court of Federal Claims or U.S. District Courts within 12 months of the date you receive this notice. If you do not appeal a decision within one of these time periods, it is not subject to further review.

Notes, amendments, and revision history

Authority

Authority: 23 U.S.C. 207

Source

Source: 85 FR 33504, June 1, 2020, unless otherwise noted.

§29.919. When must the Self-Governance Official issue a written decision on the claim?

49 C.F.R. § 29.919

(a)
If the claim is for less than $100,000, the Tribe may request that the Self-Governance Official issue a decision within 60 days of the date of receipt of the claim. If the Tribe does not request that the Self-Governance Official issue a decision within 60 days of the date of receipt of the claim, the Self-Governance Official must issue a decision within a reasonable time, which will depend on the size and complexity of the claim and the adequacy of the information provided in support of the claim. The Tribe must request a decision by the Self-Governance Official before seeking an appeal in accordance with paragraph (c) of this section.
(b)
If the claim is for more than $100,000, the Self-Governance Official must issue a decision within 60 days of the date of receipt of the claim or notify the Tribe of the time within which the Self-Governance Official will issue a decision. Such time frame must be reasonable, which will depend on the size and complexity of the claim and the adequacy of the information provided in support of the claim.
(c)
If the Self-Governance Official does not issue a decision within these time frames, a Tribe may treat the delay as a denial of its claim and appeal the decision in accordance with § 29.921.
Notes, amendments, and revision history

Authority

Authority: 23 U.S.C. 207

Source

Source: 85 FR 33504, June 1, 2020, unless otherwise noted.

§29.920. Is a decision of the Self-Governance Official final?

49 C.F.R. § 29.920

(a)
A decision of the Self-Governance Official is final and conclusive, and not subject to review, unless the Tribe timely commences an appeal or suit pursuant to the Contract Disputes Act.
(b)
Once the Self-Governance Official issues a decision, the decision may not be changed except by agreement of the Department and the Tribe or under the following limited circumstances:
(1)
Evidence is discovered that could not have been discovered through due diligence before the Self-Governance Official issued the decision;
(2)
The Self-Governance Official learns that there has been fraud, misrepresentation, or other misconduct by a party;
(3)
The decision is beyond the scope of the Self-Governance Official's authority;
(4)
The claim has been satisfied, released, or discharged; or
(5)
Any other reason justifying relief from the decision.
(c)
If the Self-Governance Official withdraws a decision and issues a new decision, the Tribe may appeal the new decision in accordance with § 29.921. If the Self-Governance Official does not issue a new decision, the Tribe may proceed under § 29.919(c).
(d)
If a Tribe files an appeal or suit, the Self-Governance Official may modify or withdraw the final decision before a decision is issued in the pending appeal.
Notes, amendments, and revision history

Authority

Authority: 23 U.S.C. 207

Source

Source: 85 FR 33504, June 1, 2020, unless otherwise noted.

§29.921. Where may the Tribe appeal the Self-Governance Official's decision on a Contract Disputes Act claim?

49 C.F.R. § 29.921

The Tribe may appeal the Self-Governance Official's decision on a Contract Disputes Act claim in one of the following forums:
(a)
The Civilian Board of Contract Appeals. The appeal must be in accordance with the Board's implementing regulations in 48 CFR part 6101;
(b)
The U.S. Court of Federal Claims; or
(c)
The U.S. District Courts.
Notes, amendments, and revision history

Authority

Authority: 23 U.S.C. 207

Source

Source: 85 FR 33504, June 1, 2020, unless otherwise noted.

§29.922. May a party appeal a Civilian Board of Contract Appeals decision?

49 C.F.R. § 29.922

A party may appeal a decision of the Civilian Board of Contract Appeals within 120 days to the U.S. Court of Appeals for the Federal Circuit.
Notes, amendments, and revision history

Authority

Authority: 23 U.S.C. 207

Source

Source: 85 FR 33504, June 1, 2020, unless otherwise noted.

§29.923. What is the effect of a pending appeal?

49 C.F.R. § 29.923

(a)
The Tribe must continue performance in accordance with the compact and funding agreement during the appeal of any claims to the same extent the Tribe would have performed had there been no dispute.
(b)
A pending dispute will not affect or prevent the negotiation or award of any subsequent compact or funding agreement between the Department and the Tribe.
Notes, amendments, and revision history

Authority

Authority: 23 U.S.C. 207

Source

Source: 85 FR 33504, June 1, 2020, unless otherwise noted.