[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR33.201]



[Page 716]

 

            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]