33.202
Disputes
FAR 33.202 establishes the statutory procedures for resolving contract disputes, requiring claim certification and imposing penalties for fraudulent claims.
Overview
FAR 33.202 outlines the statutory foundation for handling disputes between contractors and the government under 41 U.S.C. chapter 71. It highlights the procedures and requirements for asserting and resolving claims, emphasizing the legal framework that governs contract disputes. The section also introduces key provisions related to the payment of interest on contractor claims, the necessity for claim certification, and the imposition of civil penalties for fraudulent or misrepresented claims. This regulation ensures that both contractors and contracting officers understand their rights and obligations when a dispute arises, setting the stage for fair and orderly resolution processes.
Key Rules
- Procedures for Disputes
- Disputes must follow the procedures and requirements established by 41 U.S.C. chapter 71.
- Interest on Claims
- Contractors may be entitled to interest payments on valid claims.
- Certification Requirement
- Contractor claims must be certified, particularly those exceeding certain thresholds.
- Civil Penalties for Fraud
- Fraudulent or misrepresented claims can result in civil penalties against the contractor.
Responsibilities
- Contracting Officers: Must follow statutory procedures for resolving disputes and ensure claims are properly certified.
- Contractors: Must certify claims, avoid fraudulent submissions, and may receive interest on valid claims.
- Agencies: Oversee dispute resolution and enforce penalties for fraudulent claims.
Practical Implications
- This section exists to provide a clear, statutory process for resolving contract disputes, protecting both parties' rights.
- It impacts daily contracting by requiring proper claim certification and deterring fraudulent claims through penalties.
- Common pitfalls include failure to certify claims or submitting inaccurate information, which can lead to penalties or claim denial.