48 C.F.R. PART 233—PROTESTS, DISPUTES, AND APPEALS


Title 48 - Federal Acquisition Regulations System


Title 48: Federal Acquisition Regulations System

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PART 233—PROTESTS, DISPUTES, AND APPEALS

Section Contents

Subpart 233.2—Disputes and Appeals

233.204   Policy.
233.204-70   Limitations on payment.
233.210   Contracting officer's authority.
233.215   Contract clause.
233.215-70   Additional contract clause.


Authority:  41 U.S.C. 421 and 48 CFR chapter 1.

Source:  56 FR 36416, July 31, 1991, unless otherwise noted.

Subpart 233.2—Disputes and Appeals
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233.204   Policy.
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When it would be helpful in reviewing the current claim, the contracting officer should get information on claims previously filed by the contractor with other contracting officers.

233.204-70   Limitations on payment.
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See 10 U.S.C. 2410(b) for limitations on Congressionally directed payment of a claim under the Contract Disputes Act of 1978, a request for equitable adjustment to contract terms, or a request for relied under Pub. L. 85–804.

[63 FR 11537, Mar. 9, 1998]

233.210   Contracting officer's authority.
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DFARS 243.105(a) limits contracting officer authority.

233.215   Contract clause.
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Use Alternate I of the clause at FAR 52.233–1, Disputes, when—

(1) The acquisition is for—

(i) Aircraft

(ii) Spacecraft and launch vehicles

(iii) Naval vessels

(iv) Missile systems

(v) Tracked combat vehicles

(vi) Related electronic systems;

(2) The contracting officer determines that continued performance is—

(i) Vital to the national security, or

(ii) Vital to the public health and welfare; or

(3) The head of the contracting activity determines that continued performance is necessary pending resolution of any claim that might arise under or be related to the contract.

[56 FR 36416, July 31, 1991. Redesignated at 62 FR 34126, June 24, 1997]

233.215-70   Additional contract clause.
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Use the clause at 252.233–7001, Choice of Law (Overseas), in solicitations and contracts when contract performance will be outside the United States and its outlying areas, unless otherwise provided for in a government-to-government agreement.

[70 FR 35545, June 21, 2005]

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