48 C.F.R. § 52.233-1

52.233-1 Disputes.

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As prescribed in 33.215, insert the following clause:

Disputes (MAY 2014)

(a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

(b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause.

(c) Claim, as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C. chapter 71. The submission may be converted to a claim under 41 U.S.C. chapter 71, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.

(d)(2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor.”

(3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim.

(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in 41 U.S.C. chapter 71.

(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer.

(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in (FAR) 48 CFR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.

(End of clause)

Alternate I (DEC 1991). As prescribed in 33.215, substitute the following paragraph (i) for paragraph (i) of the basic clause:

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer.

[48 FR 42478, Sept. 19, 1983, as amended at 50 FR 26904, June 28, 1985; 51 FR 36972, Oct. 16, 1986; 56 FR 67417, Dec. 30, 1991; 59 FR 11382, Mar. 10, 1994; 60 FR 48230, Sept. 18, 1995; 63 FR 58595, Oct. 30, 1998; 67 FR 43514, June 27, 2002; 67 FR 47635, July 19, 2002; 79 FR 24224, Apr. 29, 2014]

Notes of Decisions

Cited in 76 cases (13 in the last 5 years), 1988–2026 · leading case: Sys. Application & Tech v. United States, 26 F.4th 163 (4th Cir. 2022).

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Sys. Application & Tech v. United States, 26 F.4th 163 (4th Cir. 2022). · cites it 10× “§ 7103 (a)(1)–(2); 48 C.F.R. § 52.233-1 (d)(1). In its 2017 letter, SA-TECH purported to seek contract interpretations by requesting, first, that “the Navy confirm that SA-TECH and [its subcontractor] are agents of the Navy for [Vessels and Admiralty Acts] purposes under [its…”

Modeer v. United States, 68 Fed. Cl. 131 (Fed. Cl. 2005). · cites it 3× “It appears that the standard government contract "Disputes” clause, codified at 48 C.F.R. § 52.233-1 , was included in this lease, because it is referenced in other lease clauses.”

Gov't Technical Servs. LLC. v. United States, 90 Fed. Cl. 522 (Fed. Cl. 2009). · cites it 3× “See 48 C.F.R. § 52.233-1 (d)(1). Plaintiff argues that it is entitled to choose between the CDA and the ADRA as a jurisdictional basis for an action based on the government’s failure to exercise an option on an existing contract.”

Zafer Constr. Co. v. United States, 40 F.4th 1365 (Fed. Cir. 2022). · cites it 4× “48 C.F.R. § 52.233-1 (c); see Todd Constr.”

Alliant Techsystems, Inc., Global Env't Solutions Bus. Div. v. United States, Defendant-Cross, 178 F.3d 1260 (Fed. Cir. 1999). · cites it 2× “The contract also incorporated by reference the standard “disputes clause,” which is set forth at 48 C.F.R. § 52.233-1 and provides as follows: *1264 Disputes (a) This contract is subject to the Contract Disputes Act of 1978 as amended (41 U.”

Umc Elec. Co. v. United States, 249 F.3d 1337 (Fed. Cir. 2001). · cites it 2× “The FAR provides that when claiming an equitable adjustment in excess of $50,000, the contractor must certify that: (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Contractor’s knowledge and belief; and (iii) The amount…”

Dangfeng Shen Ho v. United States, 49 Fed. Cl. 96 (Fed. Cl. 2001). “The contract incorporated 48 C.F.R. § 52.233-1 , which provides for the resolution of disputes by the contracting officer and states that “all disputes arising under or relating to this contract shall be resolved under this clause.”

M.E.S., Inc. v. Snell, 712 F.3d 666 (2d Cir. 2013). “” 48 C.F.R. § 52.233-1 (a). It is undisputed that none of the Arsenal contracts was performed according to its specifications.”

UMC Elec. Co. v. United States, 43 Fed. Cl. 776 (Fed. Cl. 1999). · cites it 2× “The contract contains, in Part II, Contract Clauses, the standard “Disputes” clause from the Federal Acquisition Regulations (FAR), 48 C.F.R. § 52.233-1 (APR 1984), which prescribes the procedure for a contractor seeking an equitable adjustment.”

CW Gov't Travel, Inc. v. United States, 61 Fed. Cl. 559 (Fed. Cl. 2004). “§ 605 (b); 48 C.F.R. § 52.233-1 . By referring to the requirement that performance be continued, “pending” a final resolution of the contractor’s rights, the statute and the disputes clause contemplate that, while performance is ongoing, the contractor may seek a final…”

BLR Grp. of Am., Inc. v. United States, 84 Fed. Cl. 634 (Fed. Cl. 2008). · cites it 2× “” 48 C.F.R. § 52.233-1 . Because plaintiff is not seeking money damages or the adjustment of contract terms, plaintiffs claim must be a written demand seeking, as a matter of right, relief arising under or relating to the contract.”

Bannum, Inc. v. United States, 60 Fed. Cl. 718 (Fed. Cl. 2004). “Plaintiffs contracts with the BOP incorporate the FAR’s Disputes clause, 48 C.F.R. § 52.233-1 . The pertinent provision stipulates: A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the…”

Show all 76 citing cases →

— 48 C.F.R. § 52.233-1(c) — 1 case

J.P. Donovan Constr., Inc. v. Mabus, 469 F. App'x 903 (Fed. Cir. 2012).

— 48 C.F.R. § 52.233-1(d)(2) — 1 case

AeroKool Aviation Corp. (A.S.B.C.A. 2023).

— 48 C.F.R. § 52.233-1(h) — 1 case

Meridian Eng'g Co. v. United States, 130 Fed. Cl. 147 (Fed. Cl. 2016).

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