[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR33.201]

[Page 692]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 33_PROTESTS, DISPUTES, AND APPEALS--Table of Contents
 
                    Subpart 33.2_Disputes and Appeals
 
Sec.  33.201  Definitions.

    Source: 48 FR 42349, Sept. 19, 1983, unless otherwise noted. 
Redesignated at 50 FR 2270, Jan. 15, 1985.


    As used in this subpart--
    Accrual of a claim means the date when all events, that fix the 
alleged liability of either the Government or the contractor and permit 
assertion of the claim, were known or should have been known. For 
liability to be fixed, some injury must have occurred. However, monetary 
damages need not have been incurred.
    Alternative dispute resolution (ADR) means any type of procedure or 
combination of procedures voluntarily used to resolve issues in 
controversy. These procedures may include, but are not limited to, 
conciliation, facilitation, mediation, fact-finding, minitrials, 
arbitration, and use of ombudsmen.
    Defective certification means a certificate which alters or 
otherwise deviates from the language in 33.207(c) or which is not 
executed by a person duly authorized to bind the contractor with respect 
to the claim. Failure to certify shall not be deemed to be a defective 
certification.
    Issue in controversy means a material disagreement between the 
Government and the contractor that (1) may result in a claim or (2) is 
all or part of an existing claim.
    Misrepresentation of fact means a false statement of substantive 
fact, or any conduct which leads to the belief of a substantive fact 
material to proper understanding of the matter in hand, made with intent 
to deceive or mislead.

[48 FR 42349, Sept. 19, 1983. Redesignated and amended at 50 FR 2270, 
Jan. 15, 1985; 56 FR 67417, Dec. 30, 1991; 59 FR 11381, Mar. 10, 1994; 
60 FR 48230, Sept. 18, 1995; 63 FR 58594, Oct. 30, 1998; 66 FR 2132, 
Jan. 10, 2001; 67 FR 43514, June 27, 2002]