Ch.20 – Other Forums
The Postal Board of Contract Appeals (PSBCA)
The Contract Disputes Act of 1978 specifically establishes the Postal Service Board of Contract Appeals. 41 USC 7105(d). Although the Rules of Practice Before the Postal Service Board of Contract Appeals (39 C.F.R. pt. 955) do not specifically mention the use of ADR, other Postal Service authorities encourage it. The Postal Service regulations state that the “Postal Service supports and encourages the use of alternative dispute resolution as an effective way to understand, address, and resolve conflicts with suppliers,” and encourages such efforts “be made before the issuance of a final decision on a claim . . . .” Consistent with this regulation, Clause B-9: Claims and Disputes (March 2006) provides that when a claim is submitted, “the parties by mutual consent may agree to use an [ADR] process to assist in resolving the claim.”
The GAO Contract Appeals Board (GAO CAB)
Rule 24 of the GAO CAB Rules encourages the use of ADR. As the rule states, “ADR with Board participation is available at the initiative of the Board or upon the joint motion of both parties. Guidelines, procedures, and requirements for implementing ADR will be prescribed by agreement of the parties and the Board. Ordinarily, ADR will be performed by a Board member, designated by the Chairman of the Board, that is not one of the three panel members deciding the dispute.” GAO CAB Rules, Rule 24.
The Tennessee Valley Authority (TVA) Board of Contract Appeals
The Contract Disputes Act of 1978 specifically establishes the TVA’s Board of Contract Appeals. 41 USC 7105(c). The TVA Board of Contract Appeals is comprised of an indeterminate number of attorneys who serve as board members on a part-time basis. 18 CFR 1308.21(b). Contract disputes involving the TVA are subject to the regulations found at 18 CFR pt. 18. These rules do not discuss the use of ADR.