CBCA 6809

S & DF Properties, LLC

Aug 13, 2020Judge BeardsleyGENERAL SERVICES ADMINISTRATION
DecisionRuled on a motion

Key Facts

Appellant
S & DF Properties, LLC
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Beardsley
Case number
CBCA 6809
Decided
Aug 13, 2020The decision states Aug 13, 2020 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Ruled on a motion
The motion to compel ADR is DENIED.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

Procedure and sanctions

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Appearances

For the appellant
Steve Forti
S & DF Properties, LLC
El Paso, TX
For the respondent
Jay Bernstein
Office of General Counsel, General Services Administration
Washington, DC
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision2 pages, 1,658 characters, read from the Board's own documentDecided Aug 13, 2020 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

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Agency FAR supplements1

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MOTION TO COMPEL DENIED: August 13, 2020

CBCA 6809

S & DF PROPERTIES, LLC,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.

Steve Forti, Managing Member of S & DF Properties, LLC, El Paso, TX, appearing for Appellant.

Jay Bernstein, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

Before Board Judges BEARDSLEY, HYATT, and ZISCHKAU.

BEARDSLEY, Board Judge.

Appellant has moved to compel alternative dispute resolution (ADR) pursuant to Civilian Board of Contract Appeals (CBCA) Rules 8 and 54 (48 CFR 6101.8, .54 (2019)). The Government, however, is unwilling to participate in ADR in this appeal and argues that it cannot be compelled to participate. The Government also asserts that ADR is counterproductive when forced on unwilling participants. See In re African American Slave Descendants’ Litigation, 272 F. Supp. 2d 755, 759 (N.D. Ill. 2003) (citing In re Atlantic Pipe Corp., 304 F.3d 135, 143 (1st Cir. 2002)). We agree with the Government.

Participation in ADR at the CBCA is voluntary. CBCA Rule 54 requires the parties to jointly request ADR and to agree on an ADR method and procedures. The Government has not agreed to request or participate in ADR. While the CBCA makes ADR available to the parties as an alternative to litigation and often encourages the parties to resolve disputes using ADR, the Board will not, and has no authority to, compel the Government to participate in ADR.

Decision

The motion to compel ADR is DENIED.

Erica S. Beardsley

Board Judge

We concur:

Catherine B. Hyatt

Board Judge

Jonathan D. Zischkau

Board Judge

This is a verbatim capture of the text layer of the Board's own document in S & DF Properties, LLC, CBCA 6809. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.

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