Section 16.305

14 CFR Ch. I (1-1-19 Edition)

Section 16.305 Requirement to show cause
and imposition of sanction.
(a) Upon receipt of a communication
knowingly made or knowingly caused
to be made by a party in violation of
Section 16.303, the Associate Administrator or
his designee or the hearing officer may,
to the extent consistent with the interests of justice and the policy of the underlying statutes, require the party to
show cause why his or her claim or interest in the proceeding should not be
dismissed, denied, disregarded, or otherwise adversely affected on account of
such violation.
(b) The Associate Administrator
may, to the extent consistent with the
interests of justice and the policy of
the underlying statutes administered
by the FAA, consider a violation of
this subpart sufficient grounds for a decision adverse to a party who has
knowingly committed such violation or
knowingly caused such violation to
occur.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Redesignated at Amdt. 16-1, 78 FR 56148, Sept.
12, 2013]

PART 17 - PROCEDURES FOR PROTESTS AND CONTRACT DISPUTES

Subpart D - Alternative Dispute Resolution
17.35 Use of alternative dispute resolution.
17.37 Election of alternative dispute resolution process.
17.39 Confidentiality of ADR.

Subpart E - Finality and Review
17.41
17.43
17.45
17.47

Final orders.
Judicial review.
Conforming amendments.
Reconsideration.

Subpart F - Other Matters
17.49 Sanctions.
17.51 Decorum and professional conduct.
17.53 Orders and subpoenas for testimony
and document production.
17.55 Standing orders of the ODRA director.

Subpart G - Pre-Disputes
17.57 Dispute resolution process for Pre-disputes.
17.59 Filing a Pre-dispute.
17.61 Use of alternative dispute resolution.
APPENDIX A TO PART 17 - ALTERNATIVE DISPUTE RESOLUTION (ADR)
AUTHORITY: 5 U.S.C. 570-581, 49 U.S.C.
106(f)(2), 40110, 40111, 40112, 46102, 46014, 46105,
46109, and 46110.
SOURCE: 76 FR 55221, Sept. 7, 2011, unless
otherwise noted.

Subpart A - General
Sec.
17.1
17.3
17.5
17.7
17.9

Subpart A - General
Applicability.
Definitions.
Delegation of authority.
Filing and computation of time.
Protective orders.

Section 17.1

Subpart B - Protests
17.11 Matters not subject to protest.
17.13 Dispute resolution process for protests.
17.15 Filing a protest.
17.17 Initial protest procedures.
17.19 Motions practice and dismissal or
summary decision of protests.
17.21 Adjudicative Process for protests.
17.23 Protest remedies.

spaschal on DSK3GDR082PROD with CFR

Subpart C - Contract Disputes
17.25 Dispute resolution process for contract disputes.
17.27 Filing a contract dispute.
17.29 Informal resolution period.
17.31 Dismissal or summary decision of contract disputes.
17.33 Adjudicative Process for contract disputes.

Applicability.

This part applies to all Acquisition
Management System (AMS) bid protests 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.
Section 17.3

Definitions.

(a) Accrual means to come into existence 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

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