'DISPUTES' CLAUSE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R000700060051-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 12, 2016
• Document Release Date: May 25, 2001
• Sequence Number: 51
• Publication Date: April 9, 1952
• Content Type: MEMO

pproved For Release 2002/05/06 : CIA-RDP57-00384R000700060051-5
Chief, Organization and 9 4ethods Service
Office of General Counsel
"Disputes" Clause
OGC HAS REVIEWED.
9 April 195,2
1. Confirming our conversation of yesterday, there is quoted
below the current R disputes" clause used in CIA contracts.
n cept as otherwise provided in this contract, any dispute
. ncerning a question of fact arising under this contract
which is not disposed of agreement, shall be decided
by the Contracting Officer who shall reduce his decision
to writing and mail, or otherwise furnish a copy thereof, to
the Contractor. Within thirty days from the date of receipt
of such copy, the Contractor may appeal by mailing or other-
wise furnishing to the Contracting Officer, a written appeal
addressed to the Director,, and the decision of the Director
or his duly authorized representative for the hearing of such
appeals shall be final and conclusive, provided that,, if no
such appeal is taken, the decision of the Con" ,racting Officer
shall be final and conclusive. In connection with any appeal
proceeding under this clause, the Contractor shall be afforded
an opportunity to be heard and to offer evidence in support of
Its appeal. Pending final decision of a dispute hereunder,
the Contractor shall proceed diligently with the performance
of the contract and in accordance with the Contracting Officerr ' s
decision.."
2. The above clause is customary in Goverranent contracts and
provides that certain questions shall be finally determined at the
Administrative level. The term "or his duly authorized representa-
tive" means, in Government parlance? a board of contract appeals.
The validity of this administrative procedure has been established
in court decisions. The "disputes" clause in Government contracts
ordinarily furnishes the sole avenues of relief for those matters
falling within its scope. As indicated in the clause, the findings
and decisions of a Contracting Officer are final and conclusive if
not appealed. If appealed, the next administrative level is the
Board of Contract Appeals which is authorized to reconsider the
entire disputed matter.
3. If you wish any further informations on this subject for
your. staff ssstudy, please do not hesitate to call on me.
25X1A
O0CfJ Xsi ;mb
Distribution -
Orin - Add
Approved For Release 2002/05/06 : CIA-RDP57-00384R000700060051-5