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14 CFR Ch. I (1–1–24 Edition)

§ 17.53

Orders and subpoenas for testi-

mony and document production.

(a) Parties are encouraged to seek co-

operative and voluntary production of
documents and witnesses prior to re-
questing a subpoena or an order under
this section.

(b) Upon request by a party, or on his

or her own initiative, a DRO or Special
Master may, for good cause shown,
order a person to give testimony by
deposition and to produce records. Sec-
tion 46104(c) of Title 49 of the United
States Code governs the conduct of
depositions or document production.

or her own initiative, a DRO or Special
Master may, for good cause shown, sub-
poena witnesses or records related to a
hearing from any place in the United
States to the designated place of a
hearing.

(d) A subpoena or order under this

section may be served by a United
States marshal or deputy marshal, or
by any other person who is not a party
and not less than 18 years of age. Serv-
ice upon a person named therein shall
be made by personally delivering a
copy to that person and tendering the
fees for one day’s attendance and the
mileage provided by 28 U.S.C. 1821 or
other applicable law; however, where
the subpoena is issued on behalf of the
Product Team, money payments need
not be tendered in advance of attend-
ance. The person serving the subpoena
or order shall file a declaration of serv-
ice with the ODRA, executed in the
form required by 28 U.S.C. 1746. The
declaration of service shall be filed
promptly with the ODRA, and before
the date on which the person served
must respond to the subpoena or order.

(e) Upon written motion by the per-

son subpoenaed or ordered under this
section, or by a party, made within ten
(10) business days after service, but in
any event not later than the time spec-
ified in the subpoena or order for com-
pliance, the DRO may—

(1) Rescind or modify the subpoena or

order if it is unreasonable and oppres-
sive or for other good cause shown, or

(2) Require the party on whose behalf

the subpoena or order was issued to ad-
vance the reasonable cost of producing
documentary evidence. Where cir-
cumstances require, the DRO may act

upon such a motion at any time after a
copy has been served upon all parties.

(f) The party that requests the DRO

to issue a subpoena or order under this
section shall be responsible for the pay-
ment of fees and mileage, as required
by 49 U.S.C. 46104(d), for witnesses, offi-
cers who serve the order, and the offi-
cer before whom a deposition is taken.

(g) Subpoenas and orders issued

under this section may be enforced in a
judicial proceeding under 49 U.S.C.
46104(b).

§ 17.55

Standing orders of the ODRA

Director.

The Director may issue such Stand-

ing Orders as necessary for the orderly
conduct of business before the ODRA.

Subpart G—Pre-Disputes

§ 17.57

Dispute resolution process for

Pre-disputes.

(a) All potential disputes arising

under contracts or solicitations with
the FAA may be resolved with the con-
sent of the parties to the dispute under
this subpart.

(b) Pre-disputes shall be filed with

the ODRA pursuant to § 17.59.

of Protests and Contract Disputes es-
tablished in §§ 17.15(a) and 17.27(c) will
not be extended by efforts to resolve
the dispute under this subpart.

§ 17.59

Filing a Pre-dispute.

(a) A Pre-dispute must be in writing,

affirmatively state that it is a Pre-dis-
pute pursuant to this subpart, and
shall contain:

(1) The party’s name, address, tele-

phone and Fax numbers and the name,
address, telephone and Fax numbers of
the contractor’s legal representative(s)
(if any);

(2) The contract or solicitation num-

ber and the name of the Contracting
Officer;

(3) A chronological statement of the

facts and of the legal grounds for the
party’s positions regarding the dispute
citing to relevant contract or solicita-
tion provisions and documents and at-
taching copies of those provisions and
documents; and

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Pt. 17, App. A

(4) The signature of a duly authorized

legal representative of the initiating
party.

(b) Pre-disputes shall be filed with

the ODRA, AGC–70, Federal Aviation
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.

with the ODRA, the ODRA will contact
the opposing party to offer its services
pursuant to § 17.57. If the opposing
party agrees, the ODRA will provide
Pre-dispute services. If the opposing
party does not agree, the ODRA Pre-
dispute file will be closed and no serv-
ice will be provided.

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

§ 17.61

Use of alternative dispute reso-

lution.

(a) Only non-binding, voluntary ADR

will be used to attempt to resolve a
Pre-dispute pursuant to § 17.37.

(b) ADR conducted under this sub-

part is subject to the confidentiality
requirements of § 17.39.

PPENDIX

ART

17—A

LTERNATIVE

ISPUTE

ESOLUTION

(ADR)

A. The FAA dispute resolution procedures

encourage the parties to protests and con-
tract disputes to use ADR as the primary
means to resolve protests and contract dis-
putes, pursuant to the Administrative Dis-
pute Resolution Act of 1996, Public Law 104–
320, 5 U.S.C. 570–579, and Department of
Transportation and FAA policies to utilize
ADR to the maximum extent practicable.
Under the procedures presented in this part,
the ODRA encourages parties to consider
ADR techniques such as case evaluation, me-
diation, or arbitration.

B. ADR encompasses a number of processes

and techniques for resolving protests or con-
tract disputes. The most commonly used
types include:

(1)

Mediation. The neutral or compensated

neutral ascertains the needs and interests of
both parties and facilitates discussions be-
tween or among the parties and an amicable
resolution of their differences, seeking ap-
proaches to bridge the gaps between the par-
ties’’ respective positions. The neutral or
compensated neutral can meet with the par-
ties separately, conduct joint meetings with
the parties’’ representatives, or employ both
methods in appropriate cases.

(2)

Neutral Evaluation. At any stage during

the ADR process, as the parties may agree,
the neutral or compensated neutral will pro-
vide a candid assessment and opinion of the
strengths and weaknesses of the parties’’ po-
sitions as to the facts and law, so as to facili-
tate further discussion and resolution.

(3)

Binding Arbitration. The ODRA, after

consultation with the United States Depart-
ment of Justice in accordance with the pro-
visions of the Administrative Disputes Reso-
lution Act offers true binding arbitration in
cases within its jurisdiction. The ODRA’s
Guidance for the Use of Binding Arbitration
may be found on its website at:

http://

www.faa.gov/go/odra.