Alternate Dispute Resolution Essay

1574 WordsSep 23, 20147 Pages
EXECUTIVE SUMMARY Private entities should used the Alternative Dispute Resolution (ADR) methods and procedures defined in the Federal Acquisition Regulation (FAR) to resolve protests, disputes, and appeals with the Federal Government in reference to the Federal contracts. Prior to the Administrative Dispute Resolution Act of 1996 (ADRA), private enities were required to seek relief for protests, disputes, and appeals with the Federal Government underneath Contracts Disputes Act (CDA) of 1978. The CDA truly reflected an adversarial route for the private entity. The most probable end state of adversarial protest, dispute, or appeal would require litigation. Most importantly, the CDA favored the Federal Government through contracting officer decisions, GAO decisions, contract appeal board decisions, and judicial system decisions. These decisions have been decided on case law and interruptions of Federal laws and statues. To understand the importance of private entities seeking the ADR process, it is important to understand the overall results. In Fiscal Year 2013, the General Accountability Office (GAO) received 2429 protests and only 509 protests showed merit. Out of 509 protests only 87 protests were sustained by the GAO. This is a staggering 17% sustain rate. It reflects that in most cases the GAO will favor the contracting authority’s opinion. The Effectiveness Rate was only 43%. The Effectiveness Rate is, “based on a protester obtaining some form of relief from the agency, as reported to GAO, either as a result of voluntary agency corrective action or GAO sustaining the protest.” As for contracting officer decisions, contract appeal board decisions, and judicial decisions, these decisions generally favor the Federal Government. Most importantly, landmark judicial decisions become the basis for future judicial decisions. Private entities need to
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