114 

14 CFR Ch. I (1–1–24 Edition) 

§ 17.1 

A

UTHORITY

: 5 U.S.C. 570–581, 49 U.S.C. 

106(f)(2), 40110, 40111, 40112, 46102, 46014, 46105, 
46109, and 46110. 

S

OURCE

: 76 FR 55221, Sept. 7, 2011, unless 

otherwise noted. 

Subpart A—General 

§ 17.1

Applicability. 

This part applies to all Acquisition 

Management System (AMS) bid pro-
tests and contract disputes involving 
the FAA that are filed at the Office of 
Dispute Resolution for Acquisition 
(ODRA) on or after October 7, 2011, 
with the exception of those contract 
disputes arising under or related to 
FAA contracts entered into prior to 
April 1, 1996, where such contracts have 
not been modified to be made subject 
to the FAA AMS. This part also applies 
to pre-disputes as described in subpart 
G of this part. 

§ 17.3

Definitions. 

(a) 

Accrual means to come into exist-

ence as a legally enforceable claim. 

(b) 

Accrual of a contract claim means 

that all events relating to a claim have 
occurred, which fix liability of either 
the government or the contractor and 
permit assertion of the claim, regard-
less of when the claimant actually dis-
covered those events. For liability to 
be fixed, some injury must have oc-
curred. Monetary damages need not 
have been incurred, but if the claim is 
for money, such damages must be capa-
ble of reasonable estimation. The ac-
crual of a claim or the running of the 
limitations period may be tolled on eq-
uitable grounds, including but not lim-
ited to active concealment, fraud, or if 
the facts were inherently unknowable. 

(c) 

Acquisition Management System 

(AMS) establishes the policies, guiding 
principles, and internal procedures for 
the FAA’s acquisition system. 

(d) 

Adjudicative Process is an adminis-

trative adjudicatory process used to de-
cide protests and contract disputes 
where the parties have not achieved 
resolution through informal commu-
nication or the use of ADR. The Adju-
dicative Process is conducted by a Dis-
pute Resolution Officer (DRO) or Spe-
cial Master selected by the ODRA Di-
rector to preside over the case in ac-
cordance with Public Law 108–176, Sec-

tion 224, Codified at 49 U.S.C. 
40110(d)(4). 

(e) 

Administrator  means the Adminis-

trator of the Federal Aviation Admin-
istration. 

(f) 

Alternative Dispute Resolution 

(ADR) is the primary means of vol-
untary dispute resolution that is em-
ployed by the ODRA. See Appendix A 
of this part. 

(g) 

Compensated Neutral refers to an 

impartial third party chosen by the 
parties to act as a facilitator, medi-
ator, or arbitrator functioning to re-
solve the protest or contract dispute 
under the auspices of the ODRA. The 
parties pay equally for the services of a 
compensated neutral, unless otherwise 
agreed to by the parties. An ODRA 
DRO or neutral cannot be a com-
pensated neutral. 

(h) 

Contract Dispute, as used in this 

part, means a written request to the 
ODRA seeking, as a matter of right 
under an FAA contract subject to the 
AMS, the payment of money in a sum 
certain, the adjustment or interpreta-
tion of contract terms, or for other re-
lief arising under, relating to, or in-
volving an alleged breach of that con-
tract. A contract dispute does not re-
quire, as a prerequisite, the issuance of 
a Contracting Officer final decision. 
Contract disputes, for purposes of ADR 
only, may also involve contracts not 
subject to the AMS. 

(i) 

Counsel  refers to a Legal Rep-

resentative who is an attorney licensed 
by a State, the District of Columbia, or 
a territory of the United States to 
practice law or appear before the 
courts of that State or territory. 

(j) 

Contractor  is a party in contrac-

tual privity with the FAA and respon-
sible for performance of a contract’s 
requirements. 

(k) 

Discovery  is the procedure where-

by opposing parties in a protest or con-
tract dispute may, either voluntarily 
or to the extent ordered by the ODRA, 
obtain testimony from, or documents 
and information held by, other parties 
or non-parties. 

(l) 

Dispute Resolution Officer (DRO) is 

an attorney and member of the ODRA 
staff. The term DRO can include the 
Director of the ODRA. 

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115 

Federal Aviation Administration, DOT 

§ 17.7 

(m) 

Interested party, in the context of 

a bid protest, is one whose direct eco-
nomic interest has been or would be af-
fected by the award or failure to award 
an FAA contract. Proposed subcontrac-
tors are not ‘‘interested parties’’ with-
in this definition and are not eligible 
to submit protests to the ODRA. Sub-
contractors not in privity with the 
FAA are not interested parties in the 
context of a contract dispute. 

(n) 

Intervenor  is an interested party 

other than the protester whose partici-
pation in a protest is allowed by the 
ODRA. For a post-award protest, the 
awardee of the contract that is the sub-
ject of the protest will be allowed, upon 
timely request, to participate as an in-
tervenor in the protest. In such a pro-
test, no other interested parties will be 
allowed to participate as intervenors. 

(o) 

Legal Representative is an indi-

vidual(s) designated to act on behalf of 
a party in matters before the ODRA. 
Unless otherwise provided under 
§§ 17.15(c)(2), 17.27(a)(1), or 17.59(a)(6), a 
Notice of Appearance must be filed 
with the ODRA containing the name, 
address, telephone and facsimile (Fax) 
numbers of a party’s legal representa-
tive. 

(p) 

Neutral  refers to an impartial 

third party in the ADR process chosen 
by the parties to act as a facilitator, 
mediator, arbitrator, or otherwise to 
aid the parties in resolving a protest or 
contract dispute. A neutral can be a 
DRO or a person not an employee of 
the ODRA. 

(q) 

ODRA  is the FAA’s exclusive 

forum acting on behalf of the Adminis-
trator, pursuant to the statutory au-
thority granted by Public Law 108–176, 
Section 224, to provide dispute resolu-
tion services and to adjudicate matters 
within its jurisdiction. The ODRA may 
also provide non-binding dispute reso-
lution services in matters outside of its 
jurisdiction where mutually requested 
to do so by the parties involved. 

(r) 

Parties  include the protester(s) or 

the contractor, the FAA, and any in-
tervenor(s). 

(s) 

Pre-Disputes  mean an issue(s) in 

controversy concerning an FAA con-
tract or solicitation that, by mutual 
agreement of the parties, is filed with 
the ODRA. See subpart G of this part. 

(t) 

Product Team, as used in these 

rules, refers to the FAA organization(s) 
responsible for the procurement or con-
tracting activity, without regard to 
funding source, and includes the Con-
tracting Officer (CO). The Product 
Team, acting through assigned FAA 
counsel, is responsible for all commu-
nications with and submissions to the 
ODRA in pending matters. 

(u) 

Screening Information Request (SIR 

or Solicitation) means a request by the 
FAA for documentation, information, 
presentations, proposals, or binding of-
fers concerning an approach to meeting 
potential acquisition requirements es-
tablished by the FAA. 

(v) A 

Special Master is a non-FAA at-

torney or judge who has been assigned 
by the ODRA to act as its finder of 
fact, and to make findings and rec-
ommendations based upon AMS policy 
and applicable law and authorities in 
the Adjudicative Process. 

§ 17.5

Delegation of authority. 

(a) The authority of the Adminis-

trator to conduct dispute resolution 
and adjudicative proceedings con-
cerning acquisition matters is dele-
gated to the Director of the ODRA. 

(b) The Director of the ODRA may re-

delegate to Special Masters and DROs 
such delegated authority in paragraph 
(a) of this section as deemed necessary 
by the Director for efficient resolution 
of an assigned protest or contract dis-
pute, including the imposition of sanc-
tions for the filing of frivolous plead-
ings, making false statements, or other 
disciplinary actions. See subpart F of 
this part. 

§ 17.7

Filing and computation of time. 

(a) Filing of a protest or contract dis-

pute may be accomplished by overnight 
delivery, by hand delivery, by Fax, or, 
if permitted by Order of the ODRA, by 
electronic filing. A protest or contract 
dispute is considered to be filed on the 
date it is received by the ODRA during 
normal business hours. The ODRA’s 
normal business hours are from 8:30 
a.m. to 5 p.m. Eastern Time. A protest 
or contract dispute received after the 
time period prescribed for filing shall 
not be considered timely filed. Service 
shall also be made on the Contracting 

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