FAR and DFARS › FAR Part 33: Protests, Disputes, and Appeals › Subpart 33.2
FAR 33.203 Applicability.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section explains when FAR Part 33, which covers disputes with contracting officers, applies to a contract. It generally applies to any express or implied contract under the FAR, but not to contracts with foreign governments or certain international organizations if the agency head makes a public-interest determination. It also confirms that agency Boards of Contract Appeals keep their authority over disputes arising under or relating to a contract.
Applies to: Contracts covered by the Federal Acquisition Regulation, with stated exceptions
Key terms: express or implied contract · Disputes statute · arising under · relating to · Agency Boards of Contract Appeals
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a) Except as specified in paragraph (b) below, this part applies to any express or implied contract covered by the Federal Acquisition Regulation.
(b) This subpart does not apply to any contract with
(1) A foreign government or agency of that government; or
(2) an international organization or a subsidiary body of that organization, if the agency head determines that the application of the Disputes statute to the contract would not be in the public interest.
(c) This part applies to all disputes with respect to contracting officer decisions on matters “arising under” or “relating to” a contract. Agency Boards of Contract Appeals (BCAs) authorized under the Disputes statute continue to have all of the authority they possessed before the Disputes statute with respect to disputes arising under a contract, as well as authority to decide disputes relating to a contract. The clause at 52.233-1, Disputes, recognizes the “all disputes” authority established by the Disputes statute and states certain requirements and limitations of the Disputes statute for the guidance of contractors and contracting agencies. The clause is not intended to affect the rights and obligations of the parties as provided by the Disputes statute or to constrain the authority of the statutory agency BCAs in the handling and deciding of contractor appeals under the Disputes statute.
← 33.202 Disputes. · 33.204 Policy. →
Rule changes for FAR Part 33
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 1, 2, 4, 33, 39, 40, and 53 ↗ · proposed 2026-06-23 · comments due 2026-07-23
- Federal Acquisition Regulation; Technical Amendments ↗ · final rule 2025-05-12 · effective 2025-06-11
- Federal Acquisition Regulation: Controlled Unclassified Information ↗ · proposed 2025-01-15 · comments due 2025-03-17
- Federal Acquisition Regulation: Improving Consistency Between Procurement and Nonprocurement Procedures on Suspension and Debarment ↗ · final rule 2025-01-03 · effective 2025-01-17
- Federal Acquisition Regulation: Improving Consistency Between Procurement and Nonprocurement Procedures on Suspension and Debarment ↗ · proposed 2024-01-09 · comments due 2024-03-11
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.