§ 1833.211-70 - Contracts awarded before March 1, 1979.

Under contracts awarded before the effective date of the Contract Disputes Act of 1978 (March 1, 1979), the contractor may elect to proceed either under the Act or under the Disputes clause in the contract. Final decision letters regarding disputes under contracts awarded before that date shall be prepared in accordance with FAR 33.211(a)(4) except that contracting officers shall alter the paragraph at FAR 33.211(a)(4)(v) to read as follows:

This is the final decision of the contracting officer. Since your contract was awarded before the effective date of the Contract Disputes Act of 1978 (March 1, 1979), you may appeal this decision by following the procedures of either the Disputes clause at Federal Acquisition Regulation (FAR) 52.233-1, or the Disputes clause (dated September 1962) in your contract. If you decide to appeal under FAR 52.233-1, you must, within 90 days from the date you receive this decision, mail or otherwise furnish written notice to the Armed Services Board of Contract Appeals, Skyline Six, 5109 Leesburg Pike, Falls Church, VA 22041-3208, and provide a copy to the contracting officer from whose decision the appeal is taken. The notice shall indicate that an appeal is intended, reference this decision, and identify the contract by number. For appeals under this clause, you may elect to proceed under the Board's small claims procedure (for claims of $10,000 or less) or its accelerated procedure (for claims of $50,000 or less). In lieu of appealing to the Board, you may bring an action directly in the U.S. Claims Court within 12 months of the date you receive this decision.

If you elect to appeal under the Disputes clause (dated September 1962) of your contract, you must, within 30 days from the date you receive this decision, mail or otherwise furnish to the contracting officer a written appeal or notice addressed to the Armed Services Board of Contract Appeals. The appeal or notice shall indicate that an appeal is intended, reference this decision, and identify the contract by number. For appeals under this clause, you may elect to proceed under the Board's optional accelerated procedure (for claims of $25,000 or less).

For additional information, see the procedures of the Armed Services Board of Contract Appeals, which appear in part 48, Code of Federal Regulations, chapter 2, appendix A.