FAR 52.233-1 — Disputes
Implements the Contract Disputes Act — contractors must submit claims in writing to the contracting officer, who issues a final decision that can be appealed to the Boards of Contract Appeals or the U.S. Court of Federal Claims.
When This Clause Applies
Required in all contracts other than purchases under the simplified acquisition threshold or contracts with foreign governments.
What This Means for Contractors
Claims must be submitted within 6 years of accrual. Claims over $100K must be certified. The CO must issue a final decision within 60 days (or notify the contractor when a decision will issue). Contractors can appeal to the Board of Contract Appeals (90-day window) or the Court of Federal Claims (12-month window).
Common Pitfalls
- 1Missing the 6-year statute of limitations on claims
- 2Failing to certify claims over $100K (uncertified claim = no CO jurisdiction)
- 3Stopping performance while the dispute is pending — performance is required during disputes
- 4Choosing the wrong forum (Board vs. Court) without understanding cost/speed trade-offs
Related Topics
Related Clauses
Termination for Convenience of the Government (Fixed-Price)
Allows the government to terminate all or part of a fixed-price contract for its convenience and pay the contractor reasonable settlement costs.
Default (Fixed-Price Supply and Service)
Authorizes the government to terminate a fixed-price contract for the contractor's failure to perform (delivery, performance, or going-concern failures).
Continue Your Research
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