What happens if I miss the T4C filing deadline?

Question

Accepted Answer

If you have missed the one-year deadline under FAR 49.206-3(b) without an approved extension, your situation is serious but not necessarily hopeless.

What the FAR says: FAR 49.206-3(c) gives the TCO discretion to accept a late settlement proposal. The standard is whether the contractor's failure to file on time was excusable. The FAR does not define "excusable" in this context, which means TCO discretion is real and meaningful.

Grounds for late acceptance: (1) The government caused or contributed to the delay — slow TCO responses, failure to provide needed data, agency reorganizations. (2) The contractor was unaware that the termination was for convenience — sometimes contracting officers terminate without explicit T4C language. (3) Ongoing negotiations with the TCO that reasonably led the contractor to believe a formal proposal was not yet required. (4) Extraordinary circumstances — key personnel illness, natural disaster, or documented emergency.

What to do immediately: Write to the TCO now. Acknowledge the deadline has passed, state your reasons for late submission, and attach your complete settlement proposal. A well-prepared late proposal is far more likely to be accepted than a request to accept a future proposal.

Do not send a late proposal without legal review if significant money is at stake (generally above $25,000). A government contracts attorney can assess whether your late filing is excusable, identify arguments the TCO will find persuasive, and advise on Contract Disputes Act options if the TCO refuses.

T4CClaim helps you build the settlement proposal itself. For late filings, the proposal is still necessary — but you also need the legal strategy for why your tardiness should be excused.

What happens if I miss the T4C filing deadline?

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