FAR and DFARS › FAR Part 8: Required Sources of Supplies and Services › Subpart 8.4

FAR 8.406-6 Disputes.

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 how disputes are handled for orders placed under a schedule contract. It says the ordering activity contracting officer can decide disputes about order performance or send them to the schedule contracting officer, but must send disputes about the contract's terms and conditions to the schedule contracting officer. Contractors can appeal final decisions to a Board of Contract Appeals or the U.S. Court of Federal Claims, and contracting officers should use alternative dispute resolution whenever possible.

Applies to: Contractors and contracting officers involved in schedule contract orders

What it requires

  • The ordering activity contracting officer shall notify the schedule contracting officer promptly of any final decision.
  • The ordering activity contracting officer shall refer all disputes that relate to the contract terms and conditions to the schedule contracting officer for resolution and notify the schedule contractor of the referral.
  • The contracting officer should use alternative dispute resolution procedures, to the maximum extent practicable.

Key terms: Disputes clause · ordering activity contracting officer · schedule contracting officer · final decisions · alternative dispute resolution (ADR)

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Disputes pertaining to the performance of orders under a schedule contract. (1) Under the Disputes clause of the schedule contract, the ordering activity contracting officer may—

(i) Issue final decisions on disputes arising from performance of the order (but see paragraph (b) of this section); or

(ii) Refer the dispute to the schedule contracting officer.

(2) The ordering activity contracting officer shall notify the schedule contracting officer promptly of any final decision.

(b) Disputes pertaining to the terms and conditions of schedule contracts. The ordering activity contracting officer shall refer all disputes that relate to the contract terms and conditions to the schedule contracting officer for resolution under the Disputes clause of the contract and notify the schedule contractor of the referral.

(c) Appeals. Contractors may appeal final decisions to either the Board of Contract Appeals servicing the agency that issued the final decision or the U.S. Court of Federal Claims.

(d) Alternative dispute resolution. The contracting officer should use the alternative dispute resolution (ADR) procedures, to the maximum extent practicable (see 33.204 and 33.214).

Sections it refers to

Sections that refer to it

← 8.406-5 Termination for the Government's convenience. · 8.406-7 Contractor Performance Evaluation. →

Rule changes for FAR Part 8

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 8.406-6 Disputes · SpendQuery