33.001
General
Not all contract protests and disputes are governed by FAR Part 33—contracting officers must consult legal counsel for litigation outside its scope.
Overview
FAR 33.001 emphasizes that there are protest and dispute authorities outside of FAR Part 33, such as the jurisdiction of the U.S. Court of Federal Claims under 28 U.S.C. 1491. Contracting officers are advised to consult with their legal advisors whenever they become aware of litigation involving their contracts. This section serves as a reminder that not all protest and dispute processes are governed by FAR Part 33, and legal counsel should be sought for guidance on matters outside its scope.
Key Rules
- Other Authorities Exist
- Not all protests and disputes are covered by FAR Part 33; some fall under other federal statutes or courts, such as the Court of Federal Claims.
- Consult Legal Advisor
- Contracting officers must seek guidance from their designated legal advisor when litigation arises related to their contracts.
Responsibilities
- Contracting Officers: Must be vigilant for any litigation involving their contracts and promptly consult their legal advisor for guidance.
- Contractors: Should be aware that disputes may be subject to authorities outside FAR Part 33 and may require legal consultation.
- Agencies: Should ensure contracting officers have access to legal support and are aware of the need to consult legal counsel when litigation arises.
Practical Implications
- This section exists to clarify the limits of FAR Part 33 and to direct contracting officers to appropriate legal resources for disputes outside its scope.
- It impacts daily contracting by ensuring that officers do not assume all disputes are handled within FAR Part 33 and seek proper legal guidance.
- A common pitfall is failing to recognize when a dispute falls under another authority, potentially leading to procedural errors or missed deadlines.