Electronic Guide to Federal Procurement ADR
A number of Boards of Contract Appeals (BCAs) are participating in an interagency sharing arrangement, the purpose of which is to make neutral BCA personnel available to the Government and Federal contractors for use in Alternative Dispute Resolution (ADR). The BCAs are an excellent source of impartial and cost effective neutrals with specific expertise appropriate for assisting in the resolution of Government contracting disputes, whose use might be optimized through the BCA-ADR Sharing Arrangement. Under this Arrangement participating Boards provide their services free of charge.
OBTAINING A NEUTRAL THROUGH THE
BCA-ADR SHARING ARRANGEMENT:
Parties are encouraged to look first to obtaining ADR services from the Board that would normally handle the matter. Agency contracting officials or Federal contractors who are interested in using the BCA-ADR Sharing Arrangement, and obtaining BCA personnel from other agencies to serve as neutrals, should contact the Chair of the Board that would normally handle the matter. Upon receiving a request from a neutral from another Board, the Chair will promptly take the necessary steps to obtain a neutral through the BCA-ADR Sharing Arrangement. Board Chairs, recognizing the need for a quick response, will act upon ADR requests expeditiously.
MEDIATOR SKILLS TRAINING:
Mediator skills training has been provided to a number of BCA personnel serving as mediators. Based on need, additional mediator skills training courses are planned for the future.
MONITORING ADR USAGE:
The Chairs will monitor ADR usage at their respective Boards.
BCAs PARTICIPATING IN THE BCA-ADR SHARING ARRANGEMENT:
Armed Services BCA, Department of Agriculture BCA, Department of Energy BCA, Corps of Engineers BCA, Department of the Interior BCA, Department of Housing and Urban Development BCA, Department of Labor BCA, Postal Service BCA, Department of Transportation BCA, Department of Veterans Affairs BCA.
STATEMENT FROM THE CHAIRS SETTING FORTH
THE GENERAL PRINCIPLES AND GUIDANCE FOR USING
THE BCA-ADR SHARING ARRANGEMENT:
Alternative Dispute Resolution (ADR) techniques offer the potential for a faster, less expensive disposition of contract disputes. The Boards of Contract Appeals (BCAs) are committed to fostering the use of ADR in appropriate Government contract-related matters and will continue to make Board personnel available to participate in ADR proceedings in protest, pre-appeal matters and post-appeal disputes.
The BCAs offer a wide choice of ADR techniques as an option to traditional dispute resolution procedures. Assistance is also available in designing ADR arrangements that will best serve the parties’ interests in resolving a particular dispute. Parties who are interested in pursuing ADR should consult the procedures and or rules or practice of the BCA that would typically handle the matter.
Most of the BCAs also participate in an arrangement in which BCA personnel can be made available to conduct ADR processes for other agencies. Under the BCA-ADR Sharing Arrangement, the Boards may provide their services free of charge.
Agency contracting officials or Federal contractors who are interested in using BCA personnel from another agency should contact the Chair of the Board that would normally handle the matter. Chairs can suggest the names of personnel from other Boards who can be made available to conduct ADR processes.