[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: 48CFR33.205]

[Page 693]
 
            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.  33.205  Relationship of the Act to Pub. L. 85-804.

    (a) Requests for relief under Pub. L. 85-804 (50 U.S.C. 1431-1435) 
are not claims within the Contract Disputes Act of 1978 or the Disputes 
clause at 52.233-1, Disputes, and shall be processed under part 50, 
Extraordinary Contractual Actions. However, relief formerly available 
only under Pub. L. 85-804; i.e., legal entitlement to rescission or 
reformation for mutual mistake, is now available within the authority of 
the contracting officer under the Contract Disputes Act of 1978 and the 
Disputes clause. In case of a question whether the contracting officer 
has authority to settle or decide specific types of claims, the 
contracting officer should seek legal advice.
    (b) A contractor's allegation that it is entitled to rescission or 
reformation of its contract in order to correct or mitigate the effect 
of a mistake shall be treated as a claim under the Act. A contract may 
be reformed or rescinded by the contracting officer if the contractor 
would be entitled to such remedy or relief under the law of Federal 
contracts. Due to the complex legal issues likely to be associated with 
allegations of legal entitlement, contracting officers shall make 
written decisions, prepared with the advice and assistance of legal 
counsel, either granting or denying relief in whole or in part.
    (c) A claim that is either denied or not approved in its entirety 
under paragraph (b) above may be cognizable as a request for relief 
under Pub. L. 85-804 as implemented by part 50. However, the claim must 
first be submitted to the contracting officer for consideration under 
the Contract Disputes Act of 1978 because the claim is not cognizable 
under Public Law 85-804, as implemented by part 50, unless other legal 
authority in the agency concerned is determined to be lacking or 
inadequate.

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