FAR clauses/Part 33/Checked 15 Sep 2026
FAR 52.233-1
Disputes
- Clause date
- MAY 2014
- Prescribed at
- FAR 33.215(a). Insert in solicitations and contracts unless the conditions in 33.203(b) apply; use Alternate I if continued performance is necessary pending resolution of any claim arising under or relating to the contract.
- Applies to
- Essentially all contracts subject to the Contract Disputes Act (41 U.S.C. chapter 71).
- Flowdown
- No flowdown required
52.233-1 contains no subcontract flowdown paragraph. Subcontractors lack privity to bring CDA claims directly against the Government; their claims reach the CO only through the prime. It is not listed in 52.244-6(c)(1) or 52.212-5(e)(1). - Full text
- FAR 52.233-1 on Acquisition.gov
… (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer. …
From the clause · Codified FAR · FAC 2026-01
Why it matters: A request for equitable adjustment is not a claim until it meets the clause's definition and, above $100,000, is certified, which controls when the CO decision clock and CDA interest start.
This is the codified text, not any agency's Revolutionary FAR Overhaul deviation. An agency running a class deviation may have this clause renumbered, rewritten or prescribed differently — check the deviation before you put a clause in a solicitation.
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1- 52.233-3Protest After AwardFAR 33.106(b)