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PART
1233 - PROTESTS, DISPUTES, AND APPEALS
SUBPART
1233.1--PROTESTS
1233.103 Protests to the agency.
(c) DOT Operating Administrations
(OAs) shall consider the use of Alternate Dispute Resolution (ADR) in all
agency protest actions.
1233.104 Protests to GAO.
The protest process at the
General Accounting Office (GAO) may include ADR assistance by GAO. The contracting officer shall, with advice of
counsel, explore the possibility of using ADR for all GAO protests.
SUBPART 1233.2--DISPUTES
AND APPEALS
1233.103
Contracting officer's decision.
For DOT contracts, the Board of Contract Appeals (BCA)
referenced at (FAR) 48 CFR
33.211 is the Department of Transportation Board of Contract Appeals
(S-20), 400 7th
Street, S.W., Washington, DC, 20590. The DOTBCA Rules of Procedure are contained in 48 CFR
Chapter 63, Part 6301.
1233.214
Alternative dispute resolution (ADR).
(c) The Administrative Dispute Resolution Act (ADRA) of
1990, Public Law 101-552, as reauthorized by the Administrative Dispute
Resolution Act (ADRA) of 1996, Public Law 104-320, authorizes and encourages
agencies to use mediation, conciliation, arbitration, and other techniques for
the prompt and informal resolution of disputes, either before or after appeal,
and for other purposes. ADR procedures
may be used when:
(1) There is mutual consent by the parties to participate
in the ADR process (with consent being obtained either before or after an issue
in controversy has arisen);
(2) Prior to the submission of a claim; and
(3) In resolution of a formal claim. Use of ADR shall be coordinated with
counsel. For all matters filed with the
DOTBCA, the DOTBCA Alternate Dispute Resolution (ADR) procedures contained in 48 CFR Chapter 63, Section
6302.30, ADR Methods (Rule 30), will be distributed to the parties, if ADR
procedures are used.
(d) Pursuant to the ADRA, DOT has appointed a Dispute
Resolution Specialist, who is responsible for the operations of the Center for
Alternative Dispute Resolution, (C-4). The
Center may provide an internal DOT neutral agreeable to the parties to conduct
any of the alternative means of dispute resolution set forth in the ADRA, 5 U.S.C. 571(3) on a
non-reimbursable basis for DOT operating administrations and their contracting
partners. Alternative means of dispute
resolution include settlement negotiations, conciliation, facilitation,
mediation, fact finding, mini-trials, and arbitration, or any combination of
these methods. The Center may also arrange for an external public or private
neutral at the parties’ expense.