Can A Contractor Submit A Claim By Email — Chemistry Moles Packet Answer Key

Aspen's owners soon advised the contracting officer that its vice-president was not authorized to make a change in the payment instructions. An REA does not require a certification under the Contract Disputes Act, but REAs submitted to Department of Defense agencies require the certification found in DFARS 252. At the outset, however, it is necessary to clear up the confusion between the terms "REA" and "Claim. In United States ex rel. Generally, a final decision by the contracting officer is a prerequisite to the government's assertion of any claim or counterclaim against a contractor. A few years ago, I did a post on whether a digital signature in a construction contract was valid. Many government contracts have specific warranty provisions which give the government rights after acceptance of the services or products provided by the contractor and can place liabilities on the contractor. Thus, any statement or request for monetary damages in the contractor's claim must be scrutinized carefully to ensure there is nothing in the claim that would give rise to an FCA counterclaim. A termination for default is treated as a final decision, and a contracting agency may follow it with a final decision that the contractor reimburse the agency for its reprocurement costs. Such requests give the contractor and the government an opportunity to discuss and negotiate the contractor's request outside the time limits imposed by the CDA. Who Can Assert a Claim under the CDA? There are a number of clauses that allow an equitable adjustment to the contract if the government is responsible for additional costs, or time, and the most significant clauses are: Variation in Estimated Quantity, FAR 52. The Army's failure to make payment to the account designated in the CCR file was a breach of contract. The Armed Services Board of Contract Appeals denied Aspen's claim.

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Can A Contractor Submit A Claim By Email Far

A) Contractor claims shall be submitted, in writing, to the contracting officer for a decision within 6 years after accrual of a claim, unless the contracting parties agreed to a shorter time period. If a contractor foresees that a contract will not be completed by the contractual completion date due to excusable or government-caused delays, the contractor should consider requesting an extension of the time period for contract completion. 243-1, and Termination for Convenience, FAR 52. Are Attorneys' Fees Recoverable for a Claim under the CDA? A claim is defined in FAR § 2.

Can A Contractor Submit A Claim By Email To Employee

After filing a contract claim against the government, you finally receive the bad news from the Agency – a denial of claims. There are still circumstances when the government may reasonably rely on the apparent authority of contractor representatives. Generally, a contractor may not recover its attorneys' fees incurred pursuing a claim under the CDA. The payment bond claimant was a sub-subcontractor who filed a claim because the subcontractor failed to make timely payment.

Can A Contractor Submit A Claim By Email Form

For instance, a prevailing wage claim arising under the Davis Bacon Act is not subject to the CDA because claims or disputes which another federal agency is specifically authorized to handle are not subject to the disputes process under the CDA. By: Michael H. Payne. If the contracting officer fails to issue a final decision within a reasonable time, such failure may constitute a deemed denial, and the contractor may proceed with an appeal to the appropriate BCA or the Court of Federal Claims. Claims by both the government and federal contractors are subject to a six year statute of limitations which means that claims under the CDA must be submitted within six years of the time when all events establishing alleged liability for an injury were known or should have been known. Given the regularity by which parties now communicate by email, it is certainly a subject worth revisiting. Contractors are well aware that they cannot rely on the apparent authority of government officials. Considering the time and resources required for an appeal of both a termination for default or a government claim for reprocurement costs or addressing a proposed suspension or debarment, it may be wiser to negotiate with an agency in advance to terminate the contract for convenience rather than default, which is less damaging to a contractor's reputation and future business dealings with the government. After the issuance of a final decision by the contracting officer, a contractor has 90 days to file an appeal with the BCA or one year to file an appeal with the COFC. A prime contractor may only sponsor a claim on behalf of a subcontractor if the prime contractor has paid the subcontractor's claim or, more commonly, the prime contractor otherwise remains potentially liable to the subcontractor pursuant to a claims cooperation or liquidating agreement. At a minimum you must give a specific amount of damages your seek, certify the claim if over $100, 000. The government may completely or partially terminate a contract because of a contractor's actual or anticipated failure to perform its contractual obligations. If a contractor's claim satisfies the six requirements set forth above, then the claim may be properly asserted under the CDA.

Can A Contractor Submit A Claim By Email Updates

From the claims preparation stage all the way through filing an appeal of the contract claim is heavily regulated. 236-2, Suspension of Work, FAR 52. A contractor is not required to submit its claim under the CDA in a particular format. For example, an agency might have paid an invoice where the contractor used an incorrect contract line item number to designate the services being billed.

Can Contractors Have Company Email

A contractor's assertion for payment "approximately" or "in excess of" an amount will not constitute a claim under the CDA. The government could also seek to suspend or debar the contractor from future contracting with the government. The contract claims that do get paid, however, go a little further. There are a few categories of claims that may arise between the government and a federal contractor that are not subject to the CDA. The question of whether to submit a Request for an Equitable Adjustment, commonly referred to as an "REA, " or a claim, is one that clients ask on a frequent basis. Under the Miller Act, second-tier claimants must give notice of any claim to the prime contractor within 90 days of last providing labor or materials. However, a contractor's claim must strictly satisfy the criteria set forth below to constitute a claim under the CDA. A formal complaint is not required to file an appeal of a contracting officer's final decision to a BCA. Depending on the nature of the warranty provision contained in the contract, an agency can pursue certain remedies for defective services or products. Within what may seem to be small percentages, companies lose millions is denied contract claims against the government for one or more of the above reasons. The Equal Access to Justice Act allows some individuals and small businesses to recover attorneys' fees up to $125 per hour if it is determined that the claimant is the prevailing party and the government's position was not substantially justified. It is not always an easy question to answer and our advice depends upon the history of the dispute, and the nature of the relationship with the Contracting Officer and his, or her, representatives.

Can A Contractor Submit A Claim By Email To Employees

They include clear language and explanations to show why the government should pay the claim. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $100, 000 is not a claim under the Contract Disputes Act of 1978 until certified as required by the Act. " Cummins-Wagner Co., Inc. v. Fidelity and Deposit Co. of Maryland, the United States District Court of Maryland address whether a Miller Act claimant can give valid notice of a claim via email. Or an agency might have paid an invoice before learning that a contractor had not, in its view, satisfied a contract requirement (such as staffing a specific number of positions for a specific number of hours per week), even when this was not the fault of the contractor, but caused by the agency. The contract provided for payments to be made by electronic funds transfer to an Aspen company account at Bank of America. Once a contractor submits a claim to a contracting officer meeting all of the criteria of a CDA claim, the contracting officer must issue a final decision on the claim.

What Can I Claim As A Contractor

211-18, Differing Site Conditions, FAR 52. This is particularly true when the government has indicated flexibility on the issue and a willingness to reach an amicable resolution. Below, we discuss 5 key ways a government contractor can be subject to a government claim and best practices to reduce your risks. Or, a contractor may file an appeal with the Court of Federal Claims within twelve (12) months of receipt of the contracting officer's final decision.

For claims exceeding $100, 000. To appeal a contracting officer's decision before the Court of Federal Claims, the contractor must file a complaint setting forth the factual and legal basis for its claims. The Agency will argue that your contract claims are time barred pursuant to the Contract Disputes Act, 41 U. A contractor may appeal the entirety of the contracting officer's final decision or some portion thereof. Claims on construction projects are unpleasant, but sometimes unavoidable. In this case, the prime contractor contacted the sub-subcontractor to ask how much it was owed on the project. If it becomes apparent that the contracting officer has no intention of issuing a change order, the contractor should proceed to the formal CDA claims process described above. When this happens, an agency could issue a letter demanding that the contractor repay the amount by a specified date. But what about the apparent authority of contractor representatives? Aspen Consulting won a contract to outfit Army health and dental clinics at Rose Barracks in Vilseck, Germany. The email notification was a critical issue in the case of USAC Aerospace Group, Inc. dba USAC Aerospace Group: Aerostructures, ASBCA Nos. For instance, a contractor is required to give "prompt" written notice to the contracting officer of a differing site condition before it is disturbed. Timing may be dispositive for a contractor in determining which forum to file its appeal of the contracting officer's decision.

It did so by incorporating FAR 52. The federal government and government contractors may bring claims under the CDA. Aspen's Bank of America account was listed in its CCR file. The CDA provides a framework for asserting and handling claims by either the government or a contractor. Rather than start the running of this clock, a contractor may ask for a change order or submit an uncertified request for an equitable adjustment or REA. Within that 90-day period, the sub-subcontractor sent an email response identifying the total amount owed, as well a copies of the outstanding invoices.

The vast majority of board cases are handled by either the Armed Services Board of Contract Appeals or the Civilian Board of Contract Appeals. The Board concluded that the Army did not breach its payment obligation because the vice-president who sent the email instructions had apparent authority to bind the company. However, a prime contractor may assert a pass-through claim against the government on behalf of a subcontractor. The ASBCA is generally responsible for deciding appeals from decisions of contracting officers in the Department of Defense, the Department of the Army, the Department of the Navy, NASA, and when specified, the CIA.

If progress is not made within a reasonable time, an REA can easily be converted to a claim under the Contract Disputes Act. Read more information about filing a contract claim against the government. If you are like most contractors, you simply cannot afford to file a contract claim against the government and then lose out for what most would call a 'technicality. In a lawsuit on the payment bond, the surety argued that the email sent by the sub-subcontractor was not sufficient notice of the claim. Although the Miller Act specifies methods for giving notice, the court focused on whether the prime contractor had received actual notice. Since the CCR file had not been changed, there had been no change in the account designated for payment.

All disputes under the CDA must be submitted to either the U. Third, all contractor claims exceeding $100, 000. That was the question presented for consideration in Aspen Consulting, LLC v. Secretary of the Army, No. Lastly, it should be noted that the CDA governs only post-award disputes; therefore, pre-award claims, such as bid protest actions, are not subject to the Act.

00 must be certified by the contractor. The CBCA hears disputes from all other executive agencies except the United States Postal Service (USPS), the Postal Rate Commission, and the Tennessee Valley Authority. With that brief background, there are some practical considerations about whether to file an REA or a claim. As is discussed below, once a CDA claim is made, the contracting officer is obligated to issue a final decision that, if unfavorable, must be appealed within ninety (90) days to a BCA or one year to the Court of Federal Claims. The claimant must also comply with the size standards set forth in the Act. Although the term "equitable adjustment" appears in the FAR in 111 places, and the term "request for equitable adjustment" appears in 11 places, there is no official definition, in the FAR or anywhere else, of the terms "Request for Equitable Adjustment" or "REA. "

We'll discuss the atom in more depth later in this unit, but it is important to understand how small it is. 022 x 10^23 particles. Then, you write down the conversion factor that will allow you to make the conversion. Chemistry moles packet answer key.com. Electrons, orbiting the nucleus, have a negative charge and counteract the positive center of the atom. Oxygen has a subscript of 2 in this compound and has an atomic mass of 15. Share ShowMe by Email.

Moles Worksheet Answer Key

Sets found in the same folder. This is how you can calculate the molar mass of water: 18. The analogy between a mole and a dozen of eggs can be helpful in understanding the concept of a mole in chemistry. Molar mass is important because it allows us to convert between mass, moles, and the number of particles. This makes the ratio of CO2 atoms to oxygen atoms 1:2. Here, you are once again taking the number that you have and putting it first. To put this into perspective, a mole of hockey pucks would be equal to the mass of the Moon. Determine the new pressure in the container if the volume of the container and the temperature are unchanged. Moles chemistry worksheet answer key. 0g sample of CO2 is 6. A gas exerts a pressure of 0. 008 by 2, and then add that product to 16.

Moles Chemistry Worksheet Answer Key

Recent flashcard sets. Just as a dozen is a unit of measurement for eggs, a mole is a unit of measurement for particles in a substance. Unlike carbon, oxygen has a subscript of 2. First, break down the compound of interest. First, put the number that is given to you in the problem, which in this case, is 50. Since we know we have to convert from grams to moles, we have to figure out what conversion factor can help us do this. Answer key (video) for worksheet 5.1 | Chemistry, Moles. 01 grams according to the periodic table. Then, you are putting the unit of measurement that you want over the unit of measurement that you have, making that step the conversion factor. This is where we have to take a look at the atomic mass of an element. This is exactly what the mole is!

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Here, the grams of CO2 cancel out and you are left with a measurement in moles. This very large number is Avogadro's number. Protons and neutrons are located in the nucleus at the center of the atom, while electrons orbit the nucleus. Keep in mind that the concept of Avogadro's number serves as the conversion factor when going from moles to atoms.

Chemistry Moles Packet Answer Key Of Life

Since there are two atoms of hydrogen and one atom of oxygen in water, we must multiply 1. Well, most likely you can't even begin to grasp how small an atom even is⚛️. Just as a dozen eggs contains 12 eggs, a mole of a substance contains 6. First, imagine an atom, the basic unit of matter that makes up all elements. 14 moles of CO2 into atoms using Avogadro's number. 0 grams of CO2 between units.

Mole Ratios Packet Answer Key

Therefore, we have to use dimensional analysis again: Since there are two atoms of O in one atom of CO2, we had to multiply by 2 to get the number of atoms of O. This is a technique used to convert between different units of measurement, and you've probably implicitly done it before. Students also viewed. This is also where the periodic table of elements comes in.

You can also see a number above and below each chemical symbol. Now let's convert 1. The unit that you have (grams of CO2) should always be on the bottom of the next ratio in order for the units to cancel out. The nucleus is a small, dense core at the center of the atom. There is nothing to multiply by because of this 1-to-1 ratio; therefore the number of carbon atoms in this 50. 01 g. Oxygen: 2 x 16. These gas laws worksheets cover Boyle's Gas Law, Charles's Gas Law, Gay-Lussac's Gas Law, the Combined Gas Law, Avogadro's Gas Law, and the Ideal Gas Law. Image Courtesy of Let's Talk Science. The conversion factor in this problem is actually using this concept since you are ultimately dividing the number of grams you have by the molar mass to get the number of moles. Hence, the units for molar mass are grams/mole (or g/mol). Dimensional analysis is going to be so useful throughout this course, especially when you forgot a formula that is essential to solving the question! Moles worksheet answer key. Finally, you multiply the value you are trying to convert by the conversion factor to get the final result. This enables the moles of CO2 to cancel out, leaving you with just 6.

A conversion factor is a ratio of equivalent units that can be used to convert one set of physical units to another. The molar mass of a substance is the number of grams there are in a mole. In chemistry, this number is relevant when converting from grams to moles to atoms. Since protons have a + charge and neutrons are neutral, the nucleus is very overall very positive. When doing dimensional analysis, you start by identifying the units you are trying to convert from and the units you want to convert to. Sadly, these problems become more difficult as the course progresses but as always, practice makes perfect. You should do so only if this ShowMe contains inappropriate content.

Image Courtesy of GeeksforGeeks. Moles and molar mass are essential key concepts to understand when studying chemistry since they will allow you to accurately calculate and interpret chemical quantities and conversions. Remember, to calculate the molar mass, you simply have to multiply the atomic mass of each specific element by its subscript, and then add it all together. Think about it this way: how do scientists perform laboratory work when it's nearly impossible to count the atoms they are working with🤔? On the periodic table, each element is represented by a one-to-two-letter abbreviation. 740 arm in a certain container. Suddenly, a chemical change occurs that consumes half of the molecules orig inally pres ent and forms two new molecules for every three consumed.

One of the most fundamental takeaways from this unit is dimensional analysis, and you'll be using it throughout the rest of this course! The number below each symbol is the element's atomic mass. 0 by the molar mass in order to convert it to the moles of CO2. Let's say we now have the compound CO2 or carbon dioxide.

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