Disputes resolution in Navy public/private competition

Abstract

Competition between public activities and private companies for aviation depot level maintenance began in 1987. Since then numerous areas of concern have developed in the public/private arena. One such area is disputes resolution. This thesis addresses the disputes resolution process currently utilized by Naval Air Systems Command (NAVAIR). The current administrative process essentially uses the Naval Aviation Depot (NADEP) chain of command. This method works well when NAVAIR and its subordinate activities are involved. However, the introduction of Defense Contract Management Command (DCMC) to administer the contracts and the addition of other Services' depots competing for these awards have forced NAVAIR to readdress its disputes process. The Federal Acquisition Regulation (FAR) does not apply to public performing activities, but it is NAVAIR's policy that its public/private process will operate as if it did. With this in mind, NAVAIR's disputes process should mirror that which is delineated in the FAR. The litigation portion of the disputes resolution process outlined in the FAR does not apply to public activities, because the Government cannot sue itself. Therefore NAVAIR's disputes resolution process should take the form of Alternate Disputes Resolution (ADR) as delineated in the FAR. Public/private competition, Alternate disputes resolution, Depot level maintenance