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DSCR I199A: DISPUTES
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Section: I
DPACS Code: I199A
BSM Code: I33F02
Clause Number: NOTE:52.233-1 W/ALT I or 33-2A-9G
Type: LOCAL
Clause last updated: 2000-05
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Date of text: 2000-05 (current version)
I199A 52.233-1 DISPUTES (DEC 1998)
ALTERNATE I (DEC 1991)
AND
I33F02 33-2A-9G DSCR NOTE TO CLAUSE 52.233-1 ALT I
DISPUTES (JUL 2002) ALT I
(DEC 1991) 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)
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