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SDR Official’s role in Contract Disputes Act (CDA) claims. When a supplier lodges a disagreement during contract performance and certifies the disagreement as a claim, the claim is resolved by methods pursuant to the CDA under 39 CFR 601.109. During contract performance and before the supplier certifies the disagreement as a claim under CDA, the SDR Official may serve as a mediator in ADR between the CO and the supplier. The SDR Official serves as a mediator before the disagreement is certified as a CDA claim only upon the agreement by both the CO and supplier. As a mediator, the SDR Official assists in facilitating disagreement resolution, but does not issue a final decision. The CO, in this instance, issues the final decision.
Conflict of interest. If the SDR Official issued a final decision or acted as a mediator in a matter(s) that is being contested pursuant to 39 CFR 601.106, the SDR Official must recuse himself or herself from being the final decision maker under 39 CFR 601.108. The SDR Official will refer the matter to the Alternate SDR Official, who will review the disagreement and make the final decision.
Disagreements received before contract award. While a disagreement is pending, an award will not be made unless compelling circumstances so require. The CO must document the contract file that an award is being made while a disagreement is being resolved, the reasons why the contract is being awarded, and document the approval of the relevant portfolio manager.
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