Notice

In the context of giving notice to the government, it should not be presumed that “anything will suffice”. In a case decided by the Department of the Interior Board of Contract Appeals, a Contractor argued that its invoice gave notice to the government of an anticipated cost overrun on a cost-plus contract which had a Limitation of Cost Clause. The ICBA ruled that this was not adequate notice and the Contractor was not entitled to additional cost.

The letter that gives notice should be a very clear and precise letter which documents why the contractor feels what has occurred is a change. To do this he must go back to the contract. The contractor must show what the contract required and show what is now being required is different than what the contract originally required. A notice letter should further specify all the facts surrounding the change, the dates when the actions were first initiated by the government, the circumstances giving rise to the change, and perhaps most importantly, the impacts of that change.

Updated: July 24, 2018