Excerpt of CDA re use of ADR (41 U.S.C.§605(d) and (e))

Electronic Guide to Federal Procurement ADR

CONTRACT DISPUTES ACT (41 U.S.C. §605(d) and (e))*

” (d) Alternative means of dispute resolution Notwithstanding any other provision of this chapter, a contractor and a contracting officer may use any alternative means of dispute resolution under subchapter IV of chapter 5 of title 5, or other mutually agreeable procedures, for resolving claims. The contractor shall certify the claim when required to do so as provided under subsection (c)(1) of this section or as otherwise required by law. All provisions of subchapter IV of chapter 5 of title 5 shall apply to such alternative means of dispute resolution.”

“(e) Termination of authority to engage in alternative means of dispute resolution; savings provision. In any case in which the contracting officer rejects a contractor’s request for alternative dispute resolution proceedings, the contracting officer shall provide the contractor with a written explanation, citing one or more of the conditions in section 572 (b) of title 5 (as in effect on September 30, 1995) or such other specific reasons that alternative dispute resolution procedures are inappropriate for the resolution of the dispute. In any case in which a contractor rejects a request of an agency for alternative dispute resolution proceedings, the contractor shall inform the agency in writing of the contractor’s specific reasons for rejecting the request.”

* as modified by the Administrative Dispute Resolution Act of 1996, 5 U.S.C. §571, et seq.