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DSCR

DSCR I199: DISPUTES

I199   52.233-1        DISPUTES         (JUL 2002)
AND
I33F01  33-1A-9G   DSCR NOTE TO 52.233-1 DISPUTES
                   (JUL 2002)   DSCR

   DSCR NOTE:  DSCR has in place a process to mediate 
two types of contract disputes: (1) contract claims 
filed pursuant to the Contract Disputes Act of 1978, 
as amended, 41 U.S.C. §§ 601-613, (CDA), prior to 
issuance of a final decision by the contracting officer, 
that arise as a result of either a contractor or 
government claim, except for proposed Terminations 
for Default, and (2) other contract disputes, resulting 
from an issue in controversy, that the contracting 
officer determines suitable for mediation.  Mediation 
involves a neutral, called a mediator, who assists 
both parties as they try to resolve their dispute 
voluntarily and produce a solution that is acceptable 
and beneficial to both.  After unassisted negotiations 
over an issue in controversy have proven ineffective in 
either situation, the contracting officer will contact 
the contractor seeking to resolve the dispute through 
mediation.  In either situation, a contractor's decision 
not to engage in mediation shall be conveyed in writing 
to the contracting officer.

    Mediation undertaken pursuant to this process does 
not waive the statutory time limitations of the CDA, 
within which a contracting officer must issue a final 
decision on a claim filed pursuant to the CDA, as 
expressed in FAR Clause 52.233-1, Disputes, paragraph (e).  
If mediation is unsuccessful, the parties retain their 
existing rights under the CDA.          DSCR (MAY 1999)