33.210
Contracting officer’s authority
Contracting officers can resolve most contract claims, but not those involving fraud or penalties managed by other agencies.
Overview
FAR 33.210 outlines the authority of contracting officers to decide or resolve claims arising under or relating to contracts governed by the Disputes statute. Contracting officers can address most contract-related claims within the limits of their warrants, and they are empowered to use Alternative Dispute Resolution (ADR) procedures in accordance with agency policies and FAR 33.214. However, their authority does not extend to claims involving penalties or forfeitures that are under the jurisdiction of another federal agency, nor to claims involving fraud, which must be handled separately. This section clarifies the boundaries of a contracting officer’s decision-making power in the disputes process.
Key Rules
- General Authority of Contracting Officers
- Contracting officers can decide or resolve most contract claims within the limits of their warrants.
- Use of ADR Procedures
- Contracting officers may use ADR methods to resolve claims, following agency policies and FAR 33.214.
- Exclusions from Authority
- Contracting officers cannot resolve claims involving penalties/forfeitures managed by other agencies or any claims involving fraud.
Responsibilities
- Contracting Officers: Must determine if a claim falls within their authority, use ADR where appropriate, and refer excluded claims to the proper authorities.
- Contractors: Should submit claims to the contracting officer but recognize certain claims (penalties, fraud) are outside the officer’s authority.
- Agencies: Must establish policies for ADR and ensure contracting officers act within their authority.
Practical Implications
- This section ensures claims are handled by the appropriate authority, preventing unauthorized settlements.
- Contractors should be aware of the limits of a contracting officer’s authority to avoid delays or misdirected claims.
- Misclassification of claims (e.g., fraud) can result in legal complications or delays in resolution.