[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: 48CFR33.213]



[Page 720]

 

            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. 33.213  Obligation to continue performance.



    (a) In general, before passage of the Act, the obligation to 

continue performance applied only to claims arising under a contract. 

However, the Act, at 41 U.S.C. 605(b), authorizes agencies to require a 

contractor to continue contract performance in accordance with the 

contracting officer's decision pending a final resolution of any claim 

arising under, or relating to, the contract. (A claim arising under a 

contract is a claim that can be resolved under a contract clause, other 

than the clause at 52.233-1, Disputes, that provides for the relief 

sought by the claimant; however, relief for such claim can also be 

sought under the clause at 52.233-1. A claim relating to a contract is a 

claim that cannot be resolved under a contract clause other than the 

clause at 52.233-1.) This distinction is recognized by the clause with 

its Alternate I (see 33.215).

    (b) In all contracts that include the clause at 52.233-1, Disputes, 

with its Alternate I, in the event of a dispute not arising under, but 

relating to, the contract, the contracting officer shall consider 

providing, through appropriate agency procedures, financing of the 

continued performance; provided, that the Government's interest is 

properly secured.



[48 FR 42349, Sept. 19, 1983. Redesignated at 50 FR 2270, Jan. 15, 1985, 

as amended at 64 FR 72451, Dec. 27, 1999; 67 FR 43514, June 27, 2002]