Teddie Arnold Writes on ASBCA Addressing Timing of Challenge to the CDA’s ‘Sum Certain’ Requirement in The Nash & Cibinic Report

Seyfarth’s Teddie Arnold authored an article, “POSTSCRIPT VII: TIMING IS EVERYTHING: ASBCA Applies ECC International’s Holding Addressing The Timing Of The Government’s Challenge To The CDA’s ‘Sum Certain’ Requirement,” in the February 2024 issue of The Nash & Cibinic Report. Arnold discussed the ruling in ECC International, LLC v. Secretary of the Army and its application to other CDA requirements as well as the Government’s obligations to challenge the sum certain requirements.

“In particular, proponents argue that ECC should be extended to the CDA requirements of (1) claim submission (requirements for claims to be ‘in writing’ and submitted to the CO), (2) certification of claims valued $100,000 or more, and (3) timely appeal of CO’s final decisions-all widely thought of as ‘claims processing’ rules.”