FAR 33.215—Contract clauses.
Plain-English Summary
FAR 33.215 tells contracting officers which dispute-related clauses must be included in solicitations and contracts. It covers two specific requirements: the mandatory insertion of the Disputes clause at FAR 52.233-1, including use of Alternate I when agency procedures determine that continued performance is necessary while a claim is being resolved, and the mandatory insertion of FAR 52.233-4, applicable to all solicitations and contracts. In practice, this section ensures that the contract contains the government’s standard framework for handling claims and disputes, including how disputes are processed and what happens if performance must continue during resolution. It matters because omission or incorrect use of these clauses can create contract administration problems, weaken the government’s ability to manage disputes, and lead to inconsistent treatment across acquisitions. For contractors, it signals that dispute procedures and any continued-performance obligations are part of the bargain from the start.
Key Rules
Insert Disputes clause
The contracting officer must include FAR 52.233-1, Disputes, in solicitations and contracts unless the exception in 33.203(b) applies. This makes the standard disputes framework part of the contract unless a specific regulatory condition allows otherwise.
Use Alternate I when needed
If agency procedures determine that continued performance is necessary while a claim arising under or relating to the contract is being resolved, the contracting officer must use FAR 52.233-1 with Alternate I. This alternate addresses situations where work must proceed despite an unresolved dispute.
Insert FAR 52.233-4 in all cases
The clause at FAR 52.233-4 must be inserted in all solicitations and contracts. The rule is mandatory and does not depend on the type of acquisition or the presence of a dispute.
Follow agency procedures
The decision to require continued performance is not ad hoc; it must be made under agency procedures. Contracting officers must therefore rely on the agency’s established process before selecting Alternate I.
Responsibilities
Contracting Officer
Insert FAR 52.233-1 in solicitations and contracts unless 33.203(b) applies; use Alternate I when agency procedures require continued performance during claim resolution; insert FAR 52.233-4 in all solicitations and contracts.
Agency
Establish and apply procedures for determining when continued performance is necessary pending resolution of a claim arising under or relating to the contract.
Contractor
Understand that the contract will normally include the Disputes clause and FAR 52.233-4, and comply with any continued-performance obligations if Alternate I is used.
Practical Implications
These clauses should be checked during solicitation and award review because omission is a common administrative error.
Alternate I is not automatic; it depends on an agency-level determination that work must continue while a claim is pending.
Contractors should expect the standard disputes process to apply unless a specific exception under 33.203(b) is documented.
Because FAR 52.233-4 is mandatory in all solicitations and contracts, it should be treated as a baseline clause rather than a negotiable item.
If a claim arises, the presence or absence of Alternate I can materially affect whether performance must continue during the dispute process.
Official Regulatory Text
(a) Insert the clause at 52.233-1 , Disputes, in solicitations and contracts, unless the conditions in 33.203 (b) apply. If it is determined under agency procedures that continued performance is necessary pending resolution of any claim arising under or relating to the contract, the contracting officer shall use the clause with its AlternateI. (b) Insert the clause at 52.233-4 in all solicitations and contracts.