114
14 CFR Ch. I (1–1–19 Edition)
§ 16.305
§ 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
§ 16.303, the Associate Administrator or
his designee or the hearing officer may,
to the extent consistent with the inter-
ests of justice and the policy of the un-
derlying statutes, require the party to
show cause why his or her claim or in-
terest in the proceeding should not be
dismissed, denied, disregarded, or oth-
erwise 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 de-
cision 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. Re-
designated at Amdt. 16–1, 78 FR 56148, Sept.
12, 2013]
PART 17—PROCEDURES FOR PRO-
TESTS AND CONTRACT DISPUTES
Subpart A—General
Sec.
17.1
Applicability.
17.3
Definitions.
17.5
Delegation of authority.
17.7
Filing and computation of time.
17.9
Protective orders.
Subpart B—Protests
17.11
Matters not subject to protest.
17.13
Dispute resolution process for pro-
tests.
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.
Subpart C—Contract Disputes
17.25
Dispute resolution process for con-
tract disputes.
17.27
Filing a contract dispute.
17.29
Informal resolution period.
17.31
Dismissal or summary decision of con-
tract disputes.
17.33
Adjudicative Process for contract dis-
putes.
Subpart D—Alternative Dispute Resolution
17.35
Use of alternative dispute resolution.
17.37
Election of alternative dispute resolu-
tion process.
17.39
Confidentiality of ADR.
Subpart E—Finality and Review
17.41
Final orders.
17.43
Judicial review.
17.45
Conforming amendments.
17.47
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-dis-
putes.
17.59
Filing a Pre-dispute.
17.61
Use of alternative dispute resolution.
A
PPENDIX
A
TO
P
ART
17—A
LTERNATIVE
D
IS
-
PUTE
R
ESOLUTION
(ADR)
A
UTHORITY
: 5 U.S.C. 570–581, 49 U.S.C.
106(f)(2), 40110, 40111, 40112, 46102, 46014, 46105,
46109, and 46110.
S
OURCE
: 76 FR 55221, Sept. 7, 2011, unless
otherwise noted.
Subpart A—General
§ 17.1
Applicability.
This part applies to all Acquisition
Management System (AMS) bid pro-
tests 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.
§ 17.3
Definitions.
(a)
Accrual
means to come into exist-
ence 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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