Code of Federal Regulations Title 40. Protection of Environment § 40.35.6600 Contractor claims

(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.

(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.