33.203 Applicability
Source: FAR 33.203 on acquisition.gov
FAR 33.203 defines when the disputes and appeals process applies, with key exceptions for contracts with foreign governments and certain international organizations.
Overview
FAR 33.203 outlines the applicability of the disputes and appeals process under the Federal Acquisition Regulation (FAR). It establishes that, except for certain exceptions, the rules in this part apply to all express or implied contracts governed by the FAR. The section specifically excludes contracts with foreign governments or international organizations (if determined by the agency head to be in the public interest) from these dispute procedures. It clarifies that the procedures apply to all disputes arising under or relating to a contract, and that Agency Boards of Contract Appeals (BCAs) retain their full authority to resolve such disputes. The required Disputes clause (FAR 52.233-1) reflects these authorities and requirements, ensuring contractors and agencies understand their rights and obligations under the Disputes statute.
(a) Except as specified in paragraph (b) of this section, this part applies to any express or implied contract covered by the Federal Acquisition Regulation.
(b) This subpart does not apply to any contract with-
(1) A foreign government or agency of that government; or
(2) An international organization or a subsidiary body of that organization, if the agency head determines that the application of the Disputes statute to the contract would not be in the public interest.
(c) This part applies to all disputes with respect to contracting officer decisions on matters "arising under" or "relating to" a contract. Agency Boards of Contract Appeals (BCAs) authorized under the Disputes statute continue to have all of the authority they possessed before the Disputes statute with respect to disputes arising under a contract, as well as authority to decide disputes relating to a contract. The clause at 52.233-1, Disputes, Disputes, recognizes the "all disputes" authority established by the Disputes statute and states certain requirements and limitations of the Disputes statute for the guidance of contractors and contracting agencies. The clause is not intended to affect the rights and obligations of the parties as provided by the Disputes statute or to constrain the authority of the statutory agency BCAs in the handling and deciding of contractor appeals under the Disputes statute.