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FAC Number: 2023-01
Effective Date: 12/30/2022

8.406-6 Disputes.

8.406-6 Disputes.

      (a) Disputes pertaining to the performance of orders under a schedule contract.

(1) Under the Disputes clause of the schedule contract, the ordering activity contracting officer may-

                (i) Issue final decisions on disputes arising from performance of the order (but see paragraph (b) of this section); or

                (ii) Refer the dispute to the schedule contracting officer.

           (2) The ordering activity contracting officer shall notify the schedule contracting officer promptly of any final decision.

      (b) Disputes pertaining to the terms and conditions of schedule contracts. The ordering activity contracting officer shall refer all disputes that relate to the contract terms and conditions to the schedule contracting officer for resolution under the Disputes clause of the contract and notify the schedule contractor of the referral.

      (c) Appeals. Contractors may appeal final decisions to either the Board of Contract Appeals servicing the agency that issued the final decision or the U.S. Court of Federal Claims.

      (d) Alternative dispute resolution. The contracting officer should use the alternative dispute resolution (ADR) procedures, to the maximum extent practicable (see 33.204 and 33.214).

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