Defense Federal Acquisition Regulation supplement
{Part 233}--Protests, Disputes, and Appeals
TABLE OF CONTENTS
SUBPART 233.2--DISPUTES AND APPEALS
233.204 Policy.
233.210 Contracting officer's authority.
233.214 Contract clause.
SUBPART 233.70--CERTIFICATION OF CLAIMS AND REQUESTS FOR
ADJUSTMENT OR RELIEF
233.7000 Policy.
233.7001 Contract clause.
DAC 91-6
Defense federal Acquisition Regulation Supplement
Part 233--Protests, Disputes, and Appeals
PART 233 PROTESTS, DISPUTES, AND APPEALS
SUBPART 233.2--DISPUTES AND APPEALS
{233.204} Policy.
When it would be helpful in reviewing the current claim, the contracting officer should get information on claims previously filed by the contractor with other contracting officers.
{233.210} Contracting officer's authority.
DFARS 243.105(a) limits contracting officer authority.
{233.214} Contract clause.
Use Alternate I of the clause at FAR 52.233-1, Disputes, when--
(1) The acquisition is for--
(i) Aircraft
(ii) Spacecraft and launch vehicles
(iii) Naval vessels
(iv) Missile systems
(v) Tracked combat vehicles
(vi) Related electronic systems;
(2)The contracting officer determines that continued performance is--
(i) Vital to the national security, or
(ii) Vital to the public health and welfare; or
(3)The head of the contracting activity determines that continued performance is necessary pending resolution of any claim that might arise under or be related to the contract.
DAC 91-5 233.2-1
Defense Federal acquisition Regulation Supplement
Part 233--Protests, Disputes, and Appeals
SUBPART 233.70--CERTIFICATION OF CLAIMS AND REQUESTS FOR
{233.7000} Policy.
(a)Before payment can be made on a claim (see definition in FAR 33.201), a request for equitable adjustment to contract terms, a request for relief under Pub. L. 85-804 (see FAR Part 50), or another similar request that exceeds $100,000, 10 U.S.C. 2410e requires that--
(1)The contractor certify the claim as required by FAR 33.207; and
(2)The person certifying the claim or request be an individual who is authorized to bind the contractor and who has knowledge of--
(i)The basis of the claim or request;
(ii) The accuracy and completeness of the support data; and
(iii)The claim or request.
(b)The individual certifying the claim or request pursuant to paragraph (a) of this section may have knowledge based on direct involvement with the claim or knowledge gained by a review of contractor records or reports from more directly involved individuals.
(c)The certification required by this subpart is different from the certification required by FAR Part 33, which is based on the Contract Disputes Act (CDA), 41 U.S.C. 601 et seq. When no certification under this subpart has been submitted prior to the inception of a contract dispute, a single certification will satisfy the requirements of both statutes. Such certification must use the language prescribed by the CDA and be executed by a person who meets the specific knowledge requirements found in paragraph (a)(2) of this section.
(d)The aggregate amount of both the increased and decreased costs shall be used in determining when the dollar threshold requiring certification are met (see example in FAR 15.804-2(a)(1)(ii)).
(e)If a certification required by paragraph (a) of this section is incorrect when originally submitted, and is resubmitted pursuant to paragraph (a), the resubmitted certification shall be deemed to have been submitted at the time the original certification was submitted.
{233.7001} Contract clause.
Use the clause at 252.233-7000, Certification of Claims and Requests for Adjustment or Relief, in all contracts expected to exceed $100,000.
DAC 91-6 233.70-1
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