123
Federal Aviation Administration, DOT
§ 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.
(c) The informal resolution period
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.
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14 CFR Ch. I (1–1–24 Edition)
§ 17.33
(b) Any party may request by mo-
tion, or the ODRA on its own initiative
may recommend or direct, that a sum-
mary decision be issued with respect to
a contract dispute, or any count or por-
tion thereof if there are no material
facts in dispute and a party is entitled
to a summary decision as a matter of
law.
(c) In connection with any potential
dismissal of a contract dispute, or sum-
mary decision, the ODRA will consider
any material facts in dispute in a light
most favorable to the party against
whom the dismissal or summary deci-
sion would be entered, and draw all fac-
tual inferences in favor of that party.
(d) At any time, whether pursuant to
a motion or on its own initiative and
at its discretion, the ODRA may:
(1) Dismiss or strike a count or por-
tion of a contract dispute or enter a
partial summary decision;
(2) Recommend to the Administrator
that the entire contract dispute be dis-
missed or that a summary decision be
entered; or
(3) With a delegation from the Ad-
ministrator, dismiss the entire con-
tract dispute or enter a summary deci-
sion with respect to the entire contract
dispute.
(e) An order of dismissal of the entire
contract dispute or summary decision
with respect to the entire contract dis-
pute, issued either by the Adminis-
trator or by the ODRA, on the grounds
set forth in this section, shall con-
stitute a final agency order. An ODRA
order dismissing or striking a count or
portion of a contract dispute or enter-
ing a partial summary judgment shall
not constitute a final agency order, un-
less and until such ODRA order is in-
corporated or otherwise adopted in a
final agency decision of the Adminis-
trator or the Administrator’s delegee
regarding the remainder of the dispute.
(f) Prior to recommending or enter-
ing either a dismissal or a summary de-
cision, either in whole or in part, the
ODRA shall afford all parties against
whom the dismissal or summary deci-
sion would be entered the opportunity
to respond to a proposed dismissal or
summary decision.
§ 17.33
Adjudicative Process for con-
tract disputes.
(a) The Adjudicative Process for con-
tract disputes will be commenced by
the ODRA Director upon being notified
by the ADR neutral or by any party
that either—
(1) The parties will not be attempting
ADR; or
(2) The parties have not settled all of
the dispute issues via ADR, and it is
unlikely that they can do so within the
time period allotted and/or any reason-
able extension.
(b) In cases initiated by a contractor
against the FAA, within twenty (20)
business days of the commencement of
the Adjudicative Process or as sched-
uled by the ODRA, the Product Team
shall prepare and submit to the ODRA,
with a copy to the contractor, a chron-
ologically arranged and indexed sub-
stantive response, containing a legal
and factual position regarding the dis-
pute and all documents relevant to the
facts and issues in dispute. The con-
tractor will be entitled, at a specified
time, to supplement the record with
additional documents.
(c) In cases initiated by the FAA
against a contractor, within twenty
(20) business days of the commence-
ment of the Adjudicative Process or as
scheduled by the ODRA, the contractor
shall prepare and submit to the ODRA,
with a copy to the Product Team coun-
sel, a chronologically arranged and in-
dexed substantive response, containing
a legal and factual position regarding
the dispute and all documents relevant
to the facts and issues in dispute. The
Product Team will be entitled, at a
specified time, to supplement the
record with additional documents.
(d) Unless timely objection is made,
documents properly filed with the
ODRA will be deemed admitted into
the administrative record. Discovery
requests and responses are not part of
the record and will not be filed with
the ODRA, except in connection with a
motion or other permissible filing. Des-
ignated, relevant portions of such doc-
uments may be filed, with the permis-
sion of the ODRA.
(e) The Director of the ODRA shall
assign a DRO or a Special Master to
conduct adjudicatory proceedings, de-
velop the administrative adjudication
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