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  • Question

    On a federal AE contract can the AE file a claim, and if so, where is the process described?


    The following response is based solely on the question and background information provided. As we do not have the entire facts particular to your contract, program, and situation, we highly recommend you consult your Contracting Officer and Legal Office for guidance.

    The short answer is yes. The Contract Disputes Act of 1978 provides procedures and requirements for contractors to assert claims against the government. Disputes and claims are addressed in FAR Part 33.2. FAR 33.203(2) states “this part applies to any express or implied contract covered by the Federal Acquisition Regulation.”  The only exception is for contracts with foreign governments or agencies of that government, or international organization if the agency head determines that the application of the Act to the contract would not be in the public interest.” There is no specific exemption for an Architect-Engineering firm..

    The Federal Acquisition Regulation (FAR) 33.215 requires 52.233-1, Disputes, in solicitations and contracts unless an exemption in 33.203(b) applies. Guidance on the proper claim procedures is detailed in FAR 33.2.

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