bob7947 Posted August 20, 2020 Report Share Posted August 20, 2020 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? Quote Link to comment Share on other sites More sharing options...
joel hoffman Posted August 21, 2020 Report Share Posted August 21, 2020 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. Quote Link to comment Share on other sites More sharing options...
bob7947 Posted August 21, 2020 Author Report Share Posted August 21, 2020 Joel: It's your choice. Quote Link to comment Share on other sites More sharing options...
joel hoffman Posted August 21, 2020 Report Share Posted August 21, 2020 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. Quote Link to comment Share on other sites More sharing options...
bob7947 Posted August 22, 2020 Author Report Share Posted August 22, 2020 I was updating the Home Page on Thursday when I found this CBCA Case: S & DF Properties, LLC, CBCA 6809, August 13, 2020. Quote Link to comment Share on other sites More sharing options...
joel hoffman Posted August 22, 2020 Report Share Posted August 22, 2020 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. Quote Link to comment Share on other sites More sharing options...
formerfed Posted August 22, 2020 Report Share Posted August 22, 2020 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. Quote Link to comment Share on other sites More sharing options...
joel hoffman Posted August 23, 2020 Report Share Posted August 23, 2020 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. Quote Link to comment Share on other sites More sharing options...
formerfed Posted August 23, 2020 Report Share Posted August 23, 2020 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 Quote Link to comment Share on other sites More sharing options...
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