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  • Question

    What parameters cover the types of contracts covered by the CDA? Must a contract that should be covered by the CDA specifically state that the CDA applies, or is it incorporated by the "Christian Doctrine" ?


    Answer

    Per FAR 33.203, the Contract Disputes Act does not apply to contracts with foreign governments, or to contracts with international organizations if the agency head makes such a determination. All other contracts are covered by the CDA. A party's right to seek redress under the CDA is not contingent upon any specific reference in a contract. Failure to include the clause at FAR 52.233-1 should not affect the applicability of the CDA to that contract. Please consult with a contracts attorney for more details.

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