14CFR vol1 part17 - 17 pages

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PART 17 - PROCEDURES FOR PROTESTS AND CONTRACT DISPUTES
12, 2013]
17.1
17.3
17.5
17.7
17.9
Section 16.303 Procedures for handling ex
(a) All such written communications;
(b) Memoranda stating the substance
(c) All written responses, and memoranda stating the substan...
12, 2013]
Section 16.305 Requirement to show cause
(a) Upon receipt of a communication
Section 16.303, the Associate Administrator or
(b) The Associate Administrator
12, 2013]
Subpart A - General
Subpart B - Protests
17.11 Matters not subject to protest.
17.13 Dispute resolution process for protests.
...
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Section 17.1
14 CFR Ch. I (1-1-18 Edition)
106(f)(2), 40110, 40111, 40112, 46102, 46014, 46105,
46109, and 46110.
Subpart A - General
Section 17.1 Applicability.
Section 17.3 Definitions.
(a) Accrual means to come into existence as a legally enforc...
(b) Accrual of a contract claim means
(c) Acquisition Management System
(d) Adjudicative Process is an administrative adjudicatory p...
40110(d)(4).
(e) Administrator means the Administrator of the Federal Avi...
(f) Alternative Dispute Resolution
(g) Compensated Neutral refers to an
(h) Contract Dispute, as used in this
(i) Counsel refers to a Legal Representative who is an attor...
(j) Contractor is a party in contractual privity with the FA...
(k) Discovery is the procedure whereby opposing parties in a...
(l) Dispute Resolution Officer (DRO) is
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Section 17.7
(m) Interested party, in the context of
(n) Intervenor is an interested party
(o) Legal Representative is an individual(s) designated to a...
(p) Neutral refers to an impartial
(q) ODRA is the FAA-s exclusive
Section 224, to provide dispute resolution services and to a...
(r) Parties include the protester(s) or
(s) Pre-Disputes mean an issue(s) in
(t) Product Team, as used in these
(u) Screening Information Request (SIR
(v) A Special Master is a non-FAA attorney or judge who has ...
Section 17.5
(a) The authority of the Administrator to conduct dispute re...
(b) The Director of the ODRA may redelegate to Special Maste...
(a) of this section as deemed necessary
Section 17.7
(a) Filing of a protest or contract dispute may be accomplis...
a.m. to 5 p.m. Eastern Time. A protest
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...
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Section 17.9
14 CFR Ch. I (1-1-18 Edition)
17.27(d).
(b) Submissions to the ODRA after
(c) The time limits stated in this part
(d) Electronic Filing - Procedures for
Section 17.9 Protective orders.
(a) The ODRA may issue protective
(b) The terms of the ODRA-s standard
(c) After a protective order has been
(d) Any violation of the terms of a
Subpart B - Protests
Section 17.11
(a) FAA purchases from or through,
(b) FAA purchases from or through
(c) Grants;
(d) Cooperative agreements;
(e) Other transactions.
Section 17.13 Dispute resolution process for
(a) Protests concerning FAA SIRs,
(b) Potential protestors should,
...
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Section 17.15
(d) In accordance with Section 17.17(b), the
(e) The ODRA Director shall designate DROs, outside neutrals...
(f) Multiple protests concerning the
(g) Procurement activities, and,
17.17(a), the ODRA may impose a temporary suspension and rec...
Section 17.15 Filing a protest.
(a) An interested party may initiate
(i) Not later than seven (7) business
(b) Protests shall be filed with the
70, Wilbur Wright Bldg., Room 2W100]
(c) A protest shall be in writing, and
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Section 17.17
14 CFR Ch. I (1-1-18 Edition)
(d) If the protester wishes to request
(i) The protester has alleged a substantial case;
(e) Concurrent with the filing of a
(f) Upon receipt of the protest, the
(g) The ODRA has discretion to designate the parties who sha...
2017]
Section 17.17 Initial protest procedures.
(a) If, as part of its initial protest filing, the protester...
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Section 17.19
(b) Within five (5) business days of
(c) The Product Team and protester
Section 17.37(e).
(d) If the Product Team and protester
(e) If the Product Team or protester
Section 17.19 Motions practice and dismissal
(a) Separate motions generally are
(b) In connection with consideration
(c) Either upon motion by a party or
(d) A dismissal or summary decision
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Section 17.21
14 CFR Ch. I (1-1-18 Edition)
(e) Prior to recommending or entering either a dismissal or ...
Section 17.21 Adjudicative Process for protests.
(a) Other than for the resolution of
(b) The Director of the ODRA shall
(c) The DRO or Special Master may
(d) The Product Team response to the
(e) Comments of the protester and
(f) The ODRA may alter the schedule
(g) The DRO or Special Master may
(h) If, in the sole judgment of the
(i) The parties may engage in limited, focused discovery wit...
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Section 17.23
(j) Hearings are not typically held in
(k) The Director of the ODRA may
(l) After the closing of the administrative record, the DRO ...
(m) In preparing findings and recommendations in protests, t...
(n) The DRO or Special Master has
(o) A DRO or Special Master shall
(p) Other than communications regarding purely procedural ma...
Section 17.23 Protest remedies.
(a) The ODRA has broad discretion to
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Section 17.25
14 CFR Ch. I (1-1-18 Edition)
(b) In determining the appropriate
(c) Attorney-s fees of a prevailing
14 CFR part 14.
Subpart C - Contract Disputes
Section 17.25 Dispute resolution process for
(a) All contract disputes arising
(b) Contract disputes shall be filed
(c) The ODRA has broad discretion to
Section 17.27 Filing a contract dispute.
(a) Contract disputes must be in writing and should contain:
(b) Contract Disputes shall be filed
267-3290 as follows:
70, Wilbur Wright Bldg., Room 2W100]
(c) A contract dispute against the
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Section 17.31
(d) A party shall serve a copy of the
(e) With the exception of the time
2017]
Section 17.29 Informal resolution period.
(a) The ODRA process for contract
(b) During the informal resolution
(c) The informal resolution period
(d) If the matter has not been resolved informally, the part...
Section 17.37(d), specifying which ADR techniques will be em...
(e) If the contract dispute is not completely resolved durin...
(f) The ODRA shall hold a status conference with the parties...
(g) The submission of a statement
Section 17.31 Dismissal or summary decision
(a) Any party may request by motion, or the ODRA on its own ...
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Section 17.33
14 CFR Ch. I (1-1-18 Edition)
(b) Any party may request by motion, or the ODRA on its own ...
(c) In connection with any potential
(d) At any time, whether pursuant to
(e) An order of dismissal of the entire
(f) Prior to recommending or entering either a dismissal or ...
Section 17.33 Adjudicative Process for contract disputes.
(a) The Adjudicative Process for contract disputes will be c...
(b) In cases initiated by a contractor
(c) In cases initiated by the FAA
(d) Unless timely objection is made,
(e) The Director of the ODRA shall
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Section 17.33
(f) The DRO or Special Master may
(g) At any such status conference, or
(h) Unless otherwise provided by the
(i) At a time or at times determined
(j) Each party shall serve a copy of
(k) The DRO or Special Master may
(l) The DRO or Special Master shall
(m) The DRO or Special Master shall
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Section 17.35
14 CFR Ch. I (1-1-18 Edition)
(n) The Director of the ODRA may
(o) A DRO or Special Master shall
(p) Attorneys- fees of a qualified prevailing contractor are...
504(a)(1). See 14 CFR part 14.
(q) Other than communications regarding purely procedural ma...
Subpart D - Alternative Dispute
Section 17.35 Use of alternative dispute resolution.
(a) By statutory mandate, it is the
(b) The parties are encouraged to
(c) The ODRA Adjudicative Process
Section 17.37 Election of alternative dispute
(a) The ODRA will make its personnel available to serve as N...
(b) The parties using an ADR process
(c) The parties using an ADR process
(d) The parties to a protest or contract dispute who elect t...
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Section 17.51
(e) Non-binding ADR techniques are
(f) Binding arbitration is available
(g) The parties may, where appropriate in a given case, subm...
Section 17.39
Subpart E - Finality and Review
(a) A protester or contractor may
(b) A copy of the petition for review
Section 17.45
Section 17.47
(a) The provisions of the Administrative Dispute Resolution ...
(b) The ODRA looks to the principles
(c) ADR communications are not part
Section 17.41
Section 17.43
Subpart F - Other Matters
Section 17.49
Section 17.51 Decorum and professional conduct.
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Section 17.53
14 CFR Ch. I (1-1-18 Edition)
Section 17.53 Orders and subpoenas for testimony and documen...
(a) Parties are encouraged to seek cooperative and voluntary...
(b) Upon request by a party, or on his
(c) Upon request by a party, or on his
(d) A subpoena or order under this
(e) Upon written motion by the person subpoenaed or ordered ...
(f) The party that requests the DRO
(g) Subpoenas and orders issued
46104(b).
Section 17.55 Standing orders of the ODRA
Subpart G - Pre-Disputes
Section 17.57 Dispute resolution process for
(a) All potential disputes arising
(b) Pre-disputes shall be filed with
(c) The time limitations for the filing
Section 17.59
(a) A Pre-dispute must be in writing,
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...
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(b) Pre-disputes shall be filed with
70, Wilbur Wright Bldg., Room 2W100]
(c) Upon the filing of a Pre-dispute
2017]
Section 17.61 Use of alternative dispute resolution.
(a) Only non-binding, voluntary ADR
(b) ADR conducted under this subpart is subject to the confi...
320, 5 U.S.C. 570-579, and Department of
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