48 CFR Part 633 — Protests, Disputes, and Appeals

PART 633—PROTESTS, DISPUTES, AND APPEALS Authority: 22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter 1. Source: 53 FR 26173, July 11, 1988, unless otherwise noted. Subpart 633.1—Protests 633.102 General. All communications relative to protests filed with the Government Accountability Office (GAO) shall be coordinated with the Office of the Legal Adviser. [53 FR 26173, July 11, 1988, as amended at 64 FR 43628, Aug. 11, 1999; 72 FR 45696, Aug. 15, 2007] 633.103 Protests to the agency. (d)(4) The independent review as described in FAR 33.103(d)(4) shall be performed by the Departmental Advocate for Competition. [64 FR 43628, Aug. 11, 1999, as amended at 80 FR 6922, Feb. 9, 2015] 633.104 Protests to GAO. (a) General procedures. The Office of the Assistant Legal Adviser for Buildings and Acquisitions (L/BA) coordinates the response of the Department of State to protests filed at the GAO. Contracting activities shall consult L/BA for guidance before taking any actions in response to a protest to GAO. [64 FR 43628, Aug. 11, 1999] Subpart 633.2—Disputes and Appeals 633.203 Applicability. (b) The Procurement Executive is the agency head for the purposes of FAR 33.203(b). (c) The Agency Board of Contract Appeals for the Department of State is the United States Civilian Board of Contract Appeals (CBCA). See http://www.cbca.gsa.gov. [53 FR 26173, July 11, 1988, as amended at 80 FR 6922, Feb. 9, 2015] 633.214 Alternative Dispute Resolution (ADR) 633.214-70 DOS ADR program. (a) Policy. (b) When to use ADR Factors favoring ADR. (i) Only facts are in dispute; (ii) The facts are clearly not favorable to the Government; (iii) The anticipated costs (in time and money) are less than the anticipated costs of litigation; (iv) Settlement attempts have reached an impasse; (v) ADR techniques have been used successfully in similar situations; (vi) There is a need for independent expert analysis; or, (vii) The claim has merit but its value is overstated. (2) Factors disfavoring ADR. (i) Cases involving disputes controlled by clear legal precedent, making compromise difficult; (ii) The resolution will have a significant impact on other pending cases or on the future conduct of Department business; (iii) The dispute is primarily over issues of law; (iv) A decision of precedential value is needed; (v) A significant policy question is involved; (vi) A full public record of the proceeding is important; (vii) The outcome could significantly involve persons who are not parties to the contract; (viii) The costs of pursuing an ADR procedure (in time and money) exceed the cost of litigation; (ix) The nature of the case may cause ADR to be used merely for delay or discovery; or, (x) The case involves criminal violations. (3) Initial action. (c) Methods of ADR. (1) Settlement judge. (2) Minitrial. (3) Summary trial with binding decision. (4) Mediation. http://www.adrr.com (5) Arbitration. http://www.adrr.com (6) Partnering. (i) Establish the new relationship through personal contact among the principals for the Government and the contractor before the work begins; (ii) Prepare a joint statement of goals establishing common objectives in specific detail for reaching the goals; and, (iii) Identify specific dispute prevention processes designed to head off problems, evaluate performance, and promote cooperation. Additional information on alternative dispute resolution and mediation resources is available at the following address on the Internet: http://www.adrr.com (d) ADR procedures. [59 FR 66764, Dec. 28, 1994, as amended at 64 FR 43628, Aug. 11, 1999; 80 FR 6922, Feb. 9, 2015]

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