title-14-part-17-sec17-27

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14 CFR Ch. I (1–1–24 Edition)

§ 17.25

(5) Terminate an existing contract

for the FAA’s convenience;

(6) Direct an award to the protester;
(7) Award bid and proposal costs; or
(8) Any other remedy consistent with

the AMS that is appropriate under the
circumstances.

(b) In determining the appropriate

recommendation, the ODRA may con-
sider the circumstances surrounding
the procurement or proposed procure-
ment including, but not limited to: the
nature of the procurement deficiency;
the degree of prejudice to other parties
or to the integrity of the acquisition
system; the good faith of the parties;
the extent of performance completed;
the feasibility of any proposed remedy;
the urgency of the procurement; the
cost and impact of the recommended
remedy; and the impact on the Agen-
cy’s mission.

protester are allowable to the extent
permitted by the Equal Access to Jus-
tice Act, 5 U.S.C. 504(a)(1) (EAJA) and
14 CFR part 14.

Subpart C—Contract Disputes

§ 17.25

Dispute resolution process for

contract disputes.

(a) All contract disputes arising

under contracts subject to the AMS
shall be resolved under this subpart.

(b) Contract disputes shall be filed

with the ODRA pursuant to § 17.27.

recommend remedies for a contract
dispute that are consistent with the
AMS and applicable law, including
such equitable remedies or other rem-
edies as it deems appropriate.

§ 17.27

Filing a contract dispute.

(a) Contract disputes must be in writ-

ing and should contain:

(1) The contractor’s name, address,

telephone and Fax numbers and the
name, address, telephone and Fax num-
bers of the contractor’s legal represent-
ative(s) (if any) for the contract dis-
pute;

(2) The contract number and the

name of the Contracting Officer;

(3) A detailed chronological state-

ment of the facts and of the legal
grounds underlying the contract dis-
pute, broken down by individual claim

item, citing to relevant contract provi-
sions and attaching copies of the con-
tract and other relevant documents;

(4) Information establishing the

ODRA’s jurisdiction and the timeliness
of the contract dispute;

(5) A request for a specific remedy,

and the amount, if known, of any mon-
etary remedy requested, together with
pertinent cost information and docu-
mentation (

e.g., invoices and cancelled

checks). Supporting documentation
should be broken down by individual
claim item and summarized; and

(6) The signature of a duly authorized

representative of the initiating party.

(b) Contract Disputes shall be filed

with the ODRA, AGC–70, Federal Avia-
tion Administration, telephone (202)
267–3290 as follows:

(1) 600 Independence Avenue SW.,

Room 2W100, Washington, DC 20591 for
filing by hand delivery, courier or
other form of in-person delivery;

(2) 800 Independence Avenue SW.,

Washington, DC 20591 [Attention: AGC–
70, Wilbur Wright Bldg., Room 2W100]
for filing by U.S. Mail; or

(3) Numbers (202) 267–3720 or alternate

(202) 267–1293 for filing by facsimile.

FAA shall be filed with the ODRA
within two (2) years of the accrual of
the contract claim involved. A con-
tract dispute by the FAA against a
contractor (excluding contract disputes
alleging warranty issues, fraud or la-
tent defects) likewise shall be filed
within two (2) years of the accrual of
the contract claim. If an underlying
contract entered into prior to the effec-
tive date of this part provides for time
limitations for filing of contract dis-
putes with the ODRA, which differ
from the aforesaid two (2) year period,
the limitation periods in the contract
shall control over the limitation period
of this section. In no event will either
party be permitted to file with the
ODRA a contract dispute seeking an
equitable adjustment or other damages
after the contractor has accepted final
contract payment, with the exception
of FAA contract disputes related to
warranty issues, gross mistakes
amounting to fraud or latent defects.
FAA contract disputes against the con-
tractor based on warranty issues must
be filed within the time specified under

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§ 17.31

applicable contract warranty provi-
sions. Any FAA contract disputes
against the contractor based on gross
mistakes amounting to fraud or latent
defects shall be filed with the ODRA
within two (2) years of the date on
which the FAA knew or should have
known of the presence of the fraud or
latent defect.

(d) A party shall serve a copy of the

contract dispute upon the other party,
by means reasonably calculated to be
received on the same day as the filing
is received by the ODRA.

(e) With the exception of the time

limitations established herein for the
filing of contract disputes, the ODRA
retains the discretion to modify any
timeframe established herein in con-
nection with contract disputes.

[76 FR 55221, Sept. 7, 2011, as amended by
Doc. No. FAA–2017–0075, 82 FR 14429, Mar. 21,
2017]

§ 17.29

Informal resolution period.

(a) The ODRA process for contract

disputes includes an informal resolu-
tion period of twenty (20) business days
from the date of filing in order for the
parties to attempt to informally re-
solve the contract dispute either
through direct negotiation or with the
assistance of the ODRA. The CO, with
the advice of FAA legal counsel, has
full discretion to settle contract dis-
putes, except where the matter in-
volves fraud.

(b) During the informal resolution

period, if the parties request it, the
ODRA will appoint a DRO for ADR who
will discuss ADR options with the par-
ties, offer his or her services as a po-
tential neutral, and assist the parties
to enter into an agreement for a formal
ADR process. A person serving as a
neutral in an ADR effort in a matter
shall not serve as an adjudicating DRO
or Special Master for that matter.

may be extended at the request of the
parties for good cause.

(d) If the matter has not been re-

solved informally, the parties shall file
joint or separate statements with the
ODRA no later than twenty (20) busi-
ness days after the filing of the con-
tract dispute. The ODRA may extend
this time, pursuant to § 17.27(e). The
statement(s) shall include either:

(1) A joint request for ADR, or an ex-

ecuted ADR agreement, pursuant to
§ 17.37(d), specifying which ADR tech-
niques will be employed; or

(2) Written explanation(s) as to why

ADR proceedings will not be used and
why the Adjudicative Process will be
needed.

(e) If the contract dispute is not com-

pletely resolved during the informal
resolution period, the ODRA’s Adju-
dicative Process will commence unless
the parties have reached an agreement
to attempt a formal ADR effort. As
part of such an ADR agreement the
parties, with the concurrence of the
ODRA, may agree to defer commence-
ment of the adjudication process pend-
ing completion of the ADR or that the
ADR and adjudication process will run
concurrently. If a formal ADR is at-
tempted but does not completely re-
solve the contract dispute, the Adju-
dicative Process will commence.

(f) The ODRA shall hold a status con-

ference with the parties within ten (10)
business days, or as soon thereafter as
is practicable, of the ODRA’s receipt of
a written notification that ADR pro-
ceedings will not be used, or have not
fully resolved the Contract Dispute.
The purpose of the status conference
will be to commence the Adjudicative
Process and establish the schedule for
adjudication.

(g) The submission of a statement

which indicates that ADR will not be
utilized will not in any way preclude
the parties from engaging in non-bind-
ing ADR techniques during the Adju-
dicative Process, pursuant to subpart D
of this part.

§ 17.31

Dismissal or summary decision

of contract disputes.

(a) Any party may request by mo-

tion, or the ODRA on its own initiative
may recommend or direct, that a con-
tract dispute be dismissed, or that a
count or portion thereof be stricken, if:

(1) It was not timely filed;
(2) It was filed by a subcontractor or

other person or entity lacking stand-
ing;

(3) It fails to state a matter upon

which relief may be had; or

(4) It involves a matter not subject to

the jurisdiction of the ODRA.