52.233-1 Disputes.

As prescribed in 33.215 , insert the following clause:

Disputes (May 2014)

(a) This contract is subject to 41 U.S.C chapter 71, Contract Disputes.

(b) Except as provided in 41 U.S.C chapter 71, all disputes arising under or relating to this contract

shall be resolved under this clause.

(c) "Claim," as used in this clause, means a written demand or written assertion by one of the

contracting parties seeking, as a matter of right, the payment of money in a sum certain, the

adjustment or interpretation of contract terms, or other relief arising under or relating to this

contract. However, a written demand or written assertion by the Contractor seeking the payment of

money exceeding $100,000 is not a claim under 41 U.S.C chapter 71 until certified. A voucher,

invoice, or other routine request for payment that is not in dispute when submitted is not a claim

under 41 U.S.C chapter 71. The submission may be converted to a claim under 41 U.S.C chapter 71,

by complying with the submission and certification requirements of this clause, if it is disputed

either as to liability or amount or is not acted upon in a reasonable time.

(d)

(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract,

submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision.

A claim by the Government against the Contractor shall be subject to a written decision by the

Contracting Officer.

(2)

(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when

submitting any claim exceeding $100,000.

(ii) The certification requirement does not apply to issues in controversy that have not been

submitted as all or part of a claim.

(iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the

supporting data are accurate and complete to the best of my knowledge and belief; that the amount

requested accurately reflects the contract adjustment for which the Contractor believes the

Government is liable; and that I am authorized to certify the claim on behalf of the Contractor."

(3) The certification may be executed by any person authorized to bind the Contractor with respect

to the claim.

(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing

by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims

over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the

Contractor of the date by which the decision will be made.
(f) The Contracting Officer’s decision shall be final unless the Contractor appeals or files a suit as

provided in 41 U.S.C chapter 71.

(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the

Government is presented to the Contractor, the parties, by mutual consent, may agree to use

alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall

inform the Contracting Officer, in writing, of the Contractor’s specific reasons for rejecting the offer.

(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that

the Contracting Officer receives the claim (certified, if required); or (2) the date that payment

otherwise would be due, if that date is later, until the date of payment. With regard to claims having

defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the

Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate,

fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period

during which the Contracting Officer receives the claim and then at the rate applicable for each 6-

month period as fixed by the Treasury Secretary during the pendency of the claim.

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution

of any request for relief, claim, appeal, or action arising under the contract, and comply with any

decision of the Contracting Officer.

(End of clause)

Alternate I (Dec 1991). As prescribed in 33.215 , substitute the following paragraph (i) for paragraph

(i) of the basic clause:

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution

of any request for relief, claim, appeal, or action arising under or relating to the contract, and

comply with any decision of the Contracting Officer.

Parent topic: 52.233 [Reserved]