Jump to content
The Wifcon Forums and Blogs

Must the Government Agree to Use ADR at the CBCA if the Contractor Wants To Use It?  

6 members have voted

  1. 1. Must the Government Agree to Use ADR at the CBCA if the Contractor Wants To Use It?

    • Yes
      0
    • No
      6


Recommended Posts

A contractor appeals a contracting officer's final decision and wants to settle it by using an alternative dispute resolution (ADR) at the Civilian Board of Contract Appeals (CBCA).  The government does not want to settle the dispute using ADR.

Since the contractor wants to use ADR, must the government agree to use ADR at the CBCA?

Link to post
Share on other sites

Do you want comments with references or just a poll vote? The answer is easy to find, unless this question is the result of some very recent decision. 

Link to post
Share on other sites

Ok then. One can guess, then find the answer pretty easily. If one knew the answer but wonders if there has been a very recent change, I didn’t find one. 

Link to post
Share on other sites
3 hours ago, bob7947 said:

I was updating the Home Page on Thursday when I found this CBCA Case:  S & DF Properties, LLC, CBCA 6809, August 13, 2020.

Thx, Bob. Confirms that the other references are still current.

Link to post
Share on other sites

Off topic but I’m pleased to see one of the GSBCA judges is still at it.  One belonged to my cycling club and I used to run with occasionally with a noontime group.  
 

Back on topic somewhat - wonder what circumstances exist for the government not wanting to participate?  I can come up with some for contractors but struggle for the government.

Link to post
Share on other sites
On 8/22/2020 at 11:23 AM, formerfed said:

Off topic but I’m pleased to see one of the GSBCA judges is still at it.  One belonged to my cycling club and I used to run with occasionally with a noontime group.  
 

Back on topic somewhat - wonder what circumstances exist for the government not wanting to participate?  I can come up with some for contractors but struggle for the government.

If the government feels like it has firm legal basis to defend a claim, I wouldn’t be interested in ADR once the COD has been appealed. I don’t know about the CBCA.

 

Link to post
Share on other sites
Quote

If the government feels like it has firm legal basis to defend a claim, I wouldn’t be interested in ADR once the COD has been appealed. I don’t know about the CBCA.

Thanks Joel.  Great example

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...