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§ 622.103 - Dispute provisions.

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Except as provided in paragraph (b) of this section, all DOE contracts for the sale of personal property to any organization outside the U.S. Government shall include a Disputes clause which provides for:

Binding final decisions by the Contracting Officer, subject to appeal;

Appeal rights pursuant to the Contract Disputes Act of 1978;

Continuation of performance by the contractor at the direction of the contracting officer pending final resolution of the dispute.

Exceptions:

The provisions of this part shall not apply to contracts for sale of electric power by the Power Marketing Administrations;

The Secretary may exempt a contract or class of contracts from this requirement upon determination that it would not be in the public interest in an individual contract or class of contracts with a foreign government, or agency thereof, or international organization, or subsidiary body thereof, to include the Disputes clause, as permitted by section 3 of the Contract Disputes Act of 1978.

The Energy Board of Contract Appeals (EBCA) has cognizance over disputes relating to DOE Sales contracts.

The Disputes clause in § 624.102-4 shall be used in accordance with this § 622.103.

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