[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: 48CFR33.205]



[Page 717-718]

 

            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be reformed or rescinded by the contracting officer if the contractor 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



[[Page 718]]



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.