§ 622.103 Dispute provisions.

(a) 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: (1) Binding final decisions by the Contracting Officer, subject to appeal; (2) Appeal rights pursuant to the Contract Disputes Act of 1978; (3) Continuation of performance by the contractor at the direction of the contracting officer pending final resolution of the dispute. (b) Exceptions: (1) The provisions of this part shall not apply to contracts for sale of electric power by the Power Marketing Administrations; (2) 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. (c) The Energy Board of Contract Appeals (EBCA) has cognizance over disputes relating to DOE Sales contracts. (d) The Disputes clause in § 624.102-4 shall be used in accordance with this § 622.103.