Welcome to the Second Edition of the Electronic Guide to Federal Procurement Alternative Dispute Resolution (ADR).
In 1999, the Interagency Alternative Dispute Resolution Working Group's Contracts and Procurement Section published the first edition of this guide. Brigadier General Frank J. Anderson, USAF, then the Chair of the section, observed that ADR "is quickly and quietly gaining momentum as the conflict management tool of choice for resolving contractual disagreements." The momentum continued to build through the years. Today, as the 34 chapters of this revision show, ADR is firmly embedded as a normal part of protest and dispute resolution processes for federal procurement matters. It is part of the acquisition policies at nearly every agency, and is incorporated into the rules or regulations governing the practice before protest and dispute forums. Many agencies also have standing programs to encourage and facilitate using ADR at the lowest possible level of conflict.
This guide is designed to help the public and Government employees quickly access procurement ADR information. It includes:
- Part I gives readers definitions, legal authorities, and an understanding of why ADR has become so prevalent in American business.
- Part II focuses on proactive techniques to adopt during acquisition planning stages in order to manage conflict and, hopefully, turn conflicts into opportunities to creatively address problems and increase opportunities for mutual gain.
- Part III explores the use of ADR in the context of bid protests and other matters relating to the award of contracts.
- Part IV relates to solving problems during contract administration either at the claim stage or when before a board or court.
- Part V explores narrow ADR concepts in greater detail. Most of these concepts apply to both protests and disputes.