SUBPART 233.2--DISPUTES AND APPEALS

(Revised June 21, 2005)

 

 

 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.


233.204  Policy.

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.

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 relief under Pub. L. 85-804.

 

233.210  Contracting officer's authority.

DFARS 243.105(a) limits contracting officer authority.

 

233.215  Contract clause.

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.

 

233.215-70  Additional contract clause.

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.