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Guide to Doing Business With the Department of State -Contents Released by the Office of Small and Disadvantaged Business Utilization July 2003 Competition in Contracting It is the Department of State’s policy to maximize competition in contracting under applicable procurement regulations (Federal Acquisition Regulations, etc.). Advertising and competition are mandated by these regulations. Any questions regarding the competition in contracting practices of the Department should be directed to: Alternative Disputes Resolution. The Administrative Dispute Resolution Act of 1990 and the National Performance Review of 1993 encouraged agencies to use Alternative Dispute Resolution (ADR) techniques in resolving disputes. Executive Order 12979, Agency Procurement Protest, signed October 26, 1995, calls for agency heads to establish administrative procedures for resolving bid protests at the agency level "as an alternative" to outside protest forums. Formal litigation of these matters is a long and costly process that oftentimes establishes an adversarial relationship between the Government and the private sector. ADR, on the other hand, includes a wide range of resolution techniques, tends to be less costly, and is far more efficient than litigation. It also keeps resolution of the matter within the control of the disputants. The parties choose the ADR method of resolution; establish the rules of engagement; determine who will be the decision-makers; define the issues; and otherwise control the entire process. Some of the ADR techniques that may be used include mini-trials, mediation, fact-finding, and arbitration. Resolution of the matter is approached from a "partnership" standpoint, with a common goal to preserve the business relationship and avoid the costs and delays so often experienced in formal litigation. We encourage use of ADR whenever possible. Requests for DOS Contracts, Etc. Copies of current contracts, or other Department of State documents, may be requested through the Freedom of Information Act (FOIA), 5 U.S.C. 552. Department regulations applicable to FOIA requests are in Volume 22 of the Code of Federal Regulations, Part 171. In general, FOIA requests must be submitted in writing containing enough information about the documents requested to permit the Department to locate them with a reasonable amount of effort. Requesters also must state their agreement to pay any applicable processing costs in their request letters. (See 22 C.F.R. §171.13-15). Requests should be addressed to: NOTE: See Appendix 2 for statistics on contract award spending in top 25 NAICS Codes (domestic).
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