Federal Aviation Administration, DOT

Section 17.29

Subpart C - Contract Disputes

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Section 17.25 Dispute resolution process for
contract disputes.
(a) All contract disputes arising
under contracts subject to the AMS
shall be resolved under this subpart.
(b) Contract disputes shall be filed
with the ODRA pursuant to Section 17.27.
(c) The ODRA has broad discretion to
recommend remedies for a contract
dispute that are consistent with the
AMS and applicable law, including
such equitable remedies or other remedies as it deems appropriate.
Section 17.27 Filing a contract dispute.
(a) Contract disputes must be in writing and should contain:
(1) The contractor-s name, address,
telephone and Fax numbers and the
name, address, telephone and Fax numbers of the contractor-s legal representative(s) (if any) for the contract dispute;
(2) The contract number and the
name of the Contracting Officer;
(3) A detailed chronological statement of the facts and of the legal
grounds underlying the contract dispute, broken down by individual claim
item, citing to relevant contract provisions and attaching copies of the contract and other relevant documents;
(4) Information establishing the
ODRA-s jurisdiction and the timeliness
of the contract dispute;
(5) A request for a specific remedy,
and the amount, if known, of any monetary remedy requested, together with
pertinent cost information and documentation (e.g., invoices and cancelled
checks). Supporting documentation
should be broken down by individual
claim item and summarized; and
(6) The signature of a duly authorized
representative of the initiating party.
(b) Contract 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.
(c) A contract dispute against the
FAA shall be filed with the ODRA
within two (2) years of the accrual of
the contract claim involved. A contract dispute by the FAA against a
contractor (excluding contract disputes
alleging warranty issues, fraud or latent defects) likewise shall be filed
within two (2) years of the accrual of
the contract claim. If an underlying
contract entered into prior to the effective date of this part provides for time
limitations for filing of contract disputes with the ODRA, which differ
from the aforesaid two (2) year period,
the limitation periods in the contract
shall control over the limitation period
of this section. In no event will either
party be permitted to file with the
ODRA a contract dispute seeking an
equitable adjustment or other damages
after the contractor has accepted final
contract payment, with the exception
of FAA contract disputes related to
warranty
issues,
gross
mistakes
amounting to fraud or latent defects.
FAA contract disputes against the contractor based on warranty issues must
be filed within the time specified under
applicable contract warranty provisions. 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 connection with contract disputes.
[76 FR 55221, Sept. 7, 2011, as amended by
Doc. No. FAA-2017-0075, 82 FR 14429, Mar. 21,
2017]

Section 17.29 Informal resolution period.
(a) The ODRA process for contract
disputes includes an informal resolution period of twenty (20) business days

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