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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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124 

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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