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ASBCA Senior Deciding Group Overrules Decades of Prior Precedent and Clarifies What Constitutes an Electronic Signature Under CDA Certification Requirement

By K. Tyler Thomas, Joe Martinez, and Sandra Sok
January 4, 2021
  • Claims and Terminations
  • Government Contracts
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For decades, the Armed Services Board of Contract Appeals (ASBCA or Board) held that typed, “//signed//,” email signature blocks, and similar signatures were not valid to certify a contractor’s claim under the Contract Disputes Act (CDA).  The ASBCA further held that these types of signatures were the equivalent of a lack of signature and a failure to certify—not a defective certification that could be corrected—resulting in the ASBCA lacking jurisdiction and, in some cases, subsequent claims by contractors being barred by the CDA statute of limitations. 

Recently, in Kamaludin Slyman CSC, ASBCA No. 62006 et al. (decision available here), the ASBCA provided necessary clarification regarding the validity of electronic signatures. We discuss this decision in this client advisory.

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CDA, Electronic Signatures, Statute of Limitations
K. Tyler Thomas

About K. Tyler Thomas

Tyler Thomas is a member of the government contracts practice in the Denver office where his practice focuses on all aspects of government contracts counseling and litigation with an emphasis on contract claims and disputes related to cost and pricing and allowability issues. A significant portion of Tyler's practice also focuses on internal and government investigations, bid protests, contract formation issues, requests for equitable adjustments, and providing clients statutory and regulatory guidance.

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Joe Martinez

About Joe Martinez

Joseph G. Martinez’s practice focuses on all aspects of government contracts litigation and corporate counseling with an emphasis on bid protest litigation, contract and subcontract formation and pricing issues, and complex claims litigation. Joe is also a member of Dentons’ Political Law, Ethics and Disclosure team and counsels clients regarding federal, state and local election law, campaign finance, ethics matters, and assists government contractors in navigating the intersection of law, politics and public policy.

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Sandra Sok

About Sandra Sok

Sandra Sok is a member of Dentons’ Government Contracts group where she advises contractors on government contract performance and litigation matters. Sandra received her JD from the University Colorado School of Law. While in law school, she served as a judicial intern to Judge Christine M. Arguello in the U.S. District Court for the District of Colorado, and was the Vice President and Treasurer for the Asian Pacific American Law Students Association.

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