Electronic Guide to Federal Procurement ADR

Excerpt of CDA re use of ADR (41 U.S.C.§605(d) and (e))

CONTRACT DISPUTES ACT (41 U.S.C. §605(d) and (e))*

" (d) Alternative means of dispute resolution Notwithstanding any other provision of this chapter, a contractor and a contracting officer may use any alternative means of dispute resolution under subchapter IV of chapter 5 of title 5, or other mutually agreeable procedures, for resolving claims. The contractor shall certify the claim when required to do so as provided under subsection (c)(1) of this section or as otherwise required by law. All provisions of subchapter IV of chapter 5 of title 5 shall apply to such alternative means of dispute resolution."

"(e) Termination of authority to engage in alternative means of dispute resolution; savings provision. In any case in which the contracting officer rejects a contractor's request for alternative dispute resolution proceedings, the contracting officer shall provide the contractor with a written explanation, citing one or more of the conditions in section 572 (b) of title 5 (as in effect on September 30, 1995) or such other specific reasons that alternative dispute resolution procedures are inappropriate for the resolution of the dispute. In any case in which a contractor rejects a request of an agency for alternative dispute resolution proceedings, the contractor shall inform the agency in writing of the contractor's specific reasons for rejecting the request."

* as modified by the Administrative Dispute Resolution Act of 1996, 5 U.S.C. §571, et seq.

What is the Interagency Alternative Dispute Resolution (ADR) Working Group?

We are the central forum and resource for information about the federal government's use of ADR. We advance the use of ADR through:

  • Coordination of multi-agency initiatives
  • Promotion of best practices and programs
  • Dissemination of policy and guidance

Newsletters of the Interagency Working Group

Agency Statements in Support of ADR

Agency leadership has promoted ADR in achieving agency missions.

Statements of Support

Join our Email List

Sign up to receive emails about upcoming ADR training events