[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR33.213]

[Page 698]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 33--PROTESTS, DISPUTES, AND APPEALS--Table of Contents
 
                   Subpart 33.2--Disputes and Appeals
 
Sec. 33.213  Obligation to continue performance.

    (a) In general, before passage of the Act, the obligation to 
continue performance applied only to claims arising under a contract. 
However, the Act, at 41 U.S.C. 605(b), authorizes agencies to require a 
contractor to continue contract performance in accordance with the 
contracting officer's decision pending a final resolution of any claim 
arising under, or relating to, the contract. (A claim arising under a 
contract is a claim that can be resolved under a contract clause, other 
than the clause at 52.233-1, Disputes, that provides for the relief 
sought by the claimant; however, relief for such claim can also be 
sought under the clause at 52.233-1. A claim relating to a contract is a 
claim that cannot be resolved under a contract clause other than the 
clause at 52.233-1.) This distinction is recognized by the clause with 
its Alternate I (see 33.215).
    (b) In all contracts that include the clause at 52.233-1, Disputes, 
with its Alternate I, in the event of a dispute not arising under, but 
relating to, the contract, the contracting officer shall consider 
providing, through appropriate agency procedures, financing of the 
continued performance; provided, that the Government's interest is 
properly secured.

[48 FR 42349, Sept. 19, 1983. Redesignated at 50 FR 2270, Jan. 15, 1985, 
as amended at 64 FR 72451, Dec. 27, 1999; 67 FR 43514, June 27, 2002]