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Identify any USG - contractor controversaries NOT subject to the Disputes clause.

Identify any USG - contractor controversaries NOT subject to the Disputes clause.

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Answer #1

There are a few categories of claims that may arise between the government and a contractor that are not subject to the Contract Disputes Act (CDA). One category would be a prevailing wage claim arising under the Davis Bacon Act because claims or disputes which another federal agency is specifically authorized to handle are not subject to the disputes process under the CDA. Another circumstance not subject to CDA are any tort claims that do not arise under or relate to a contract or implied-in-fact contract between the government and a contractor. Lastly, CDA governs only post-award disputes; therefore, pre-award claims, such as bid protest actions, are not subject to the CDA.

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