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Acquisitions - Control the Litigation Space

"An ounce of mediation is worth a pound of arbitration and a ton of litigation."

-Joseph Grynbaum

working students workplaceAre you an Acquisition professional looking for dispute resolution resources to resolve a protest, dispute, or appeal?

You came to the right place!!

The NDR program can help you consider whether alternative dispute resolution is right for you and help you find a neutral party to assist with resolution.

Requirements

Federal Acquisition Regulations 33.204 authorizes and encourages agencies to use ADR procedures to the maximum extent practicable to resolve contractual issues in controversy.

Air Force Federal Acquisition Regulations 5333.290 states that the contracting officer must use ADR to the maximum extent practicable to resolve an Air Force affirmative contract claim.

Air Force Federal Acquisition Regulations 5333.290 Prior to making a final decision on a claim or termination for default, the contracting officer shall refer the proposed final decision to the cognizant legal office for legal advice, ADR suitability, and appropriate dispute resolution strategies. The contracting office shall provide the NDR Program (SAF/GCR) with any proposed final decision on a claim greater than $500,000.00 involving PEO programs.

Contact us for assistance with dispute resolution questions.

Resources

Acquisition Desk Manual

FAR Federal Acquisition Regulations

AFFAR Air Force Federal Acquisition Regulations

Armed Services Board of Contract Appeals ADR

MP5333.104  Protests to GAO.  Note:  (3) Consultation.  When considering the use of ADR proceedings (other than GAO outcome prediction) to resolve a bid protest, and before initiating an ADR proceeding, the contracting officer and AFLOA/JAQ must notify SAF/GCR and SAF/GCQ and work with those offices to identify an ADR procedure appropriate to the individual case.

Defense Contingency Contracting HandbookNote:  ADR - Encompasses a range of non-binding and binding techniques employed, with the assistance of third party neutrals, to resolve issues in controversy.  In recent years, ADR techniques have been used successfully by agencies throughout the federal government to resolve a wide variety of contractual, labor, regulatory and other disputes.  In the procurement field, many contractors and agency procurement personnel recognize that ADR can be a valuable alternative to traditional, costly and time-consuming litigation.  (Source: ADR.Gov). 

Did You Know?

The Armed Services Board of Contract Appeals will provide Mediators to help with your conflict even before a case is filed!

 

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