33.201
Definitions
Understanding these definitions is critical for properly asserting, processing, and resolving contract disputes and appeals under FAR Subpart 33.2.
Overview
FAR 33.201 provides definitions for key terms used throughout Subpart 33.2, which governs disputes and appeals in government contracting. Understanding these definitions is essential for both contractors and contracting officers, as they clarify when claims arise, what constitutes a dispute, and the requirements for certifications and dispute resolution methods. The section defines terms such as "accrual of a claim," "alternative dispute resolution (ADR)," "defective certification," "issue in controversy," and "misrepresentation of fact," all of which are foundational to the proper handling of contract disputes and appeals.
Key Rules
- Accrual of a Claim
- Specifies when a claim is considered to have arisen, which is critical for determining deadlines and the timeliness of claims.
- Alternative Dispute Resolution (ADR)
- Outlines various voluntary procedures available to resolve disputes outside of litigation.
- Defective Certification
- Defines what constitutes a defective certification and clarifies that failure to certify is not the same as a defective certification.
- Issue in Controversy
- Describes what qualifies as a material disagreement that could lead to or is part of a claim.
- Misrepresentation of Fact
- Explains what constitutes a misrepresentation in the context of contract disputes.
Responsibilities
- Contracting Officers: Must apply these definitions when processing claims and disputes, and ensure proper certification and dispute resolution procedures are followed.
- Contractors: Must understand these terms to properly assert claims, avoid defective certifications, and engage in ADR when appropriate.
- Agencies: Should ensure training and guidance reflect these definitions to maintain compliance and consistency in dispute resolution.
Practical Implications
- These definitions establish the framework for handling disputes and appeals, impacting claim timing, certification validity, and dispute resolution options.
- Misunderstanding these terms can lead to missed deadlines, invalid claims, or improper dispute handling, potentially resulting in lost rights or adverse outcomes.