[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: 48CFR50]



[Page 963]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 50_EXTRAORDINARY CONTRACTUAL ACTIONS--Table of Contents

 

                          Subpart 50.1_General

 

50.102  Policy.



    (a) The authority conferred by the Act may not (1) be used in a 

manner that encourages carelessness and laxity on the part of persons 

engaged in the defense effort or (2) be relied upon when other adequate 

legal authority exists within the agency.

    (b) Actions authorized under the Act shall be accomplished as 

expeditiously as practicable, consistent with the care, restraint, and 

exercise of sound judgment appropriate to the use of such extraordinary 

authority.

    (c) Certain kinds of relief previously available only under the Act; 

e.g., recission or reformation for mutual mistake, are now available 

under the authority of the Contract Disputes Act of 1978. In accordance 

with subparagraph (a)(2) above, part 33 must be followed in preference 

to part 50 for such relief. In case of doubt as to whether part 33 

applies, the contracting officer should seek legal advice.