Federal Aviation Administration, DOT

Section 17.33

spaschal on DSK3GDR082PROD with CFR

(3) With a delegation from the Administrator, dismiss the entire contract dispute or enter a summary decision with respect to the entire contract
dispute.
(e) An order of dismissal of the entire
contract dispute or summary decision
with respect to the entire contract dispute, issued either by the Administrator or by the ODRA, on the grounds
set forth in this section, shall constitute a final agency order. An ODRA
order dismissing or striking a count or
portion of a contract dispute or entering a partial summary judgment shall
not constitute a final agency order, unless and until such ODRA order is incorporated or otherwise adopted in a
final agency decision of the Administrator or the Administrator-s delegee
regarding the remainder of the dispute.
(f) Prior to recommending or entering either a dismissal or a summary decision, either in whole or in part, the
ODRA shall afford all parties against
whom the dismissal or summary decision would be entered the opportunity
to respond to a proposed dismissal or
summary decision.
Section 17.33 Adjudicative Process for contract disputes.
(a) The Adjudicative Process for contract disputes will be commenced by
the ODRA Director upon being notified
by the ADR neutral or by any party
that either - 
(1) The parties will not be attempting
ADR; or
(2) The parties have not settled all of
the dispute issues via ADR, and it is
unlikely that they can do so within the
time period allotted and/or any reasonable extension.
(b) In cases initiated by a contractor
against the FAA, within twenty (20)
business days of the commencement of
the Adjudicative Process or as scheduled by the ODRA, the Product Team
shall prepare and submit to the ODRA,
with a copy to the contractor, a chronologically arranged and indexed substantive response, containing a legal
and factual position regarding the dispute and all documents relevant to the
facts and issues in dispute. The contractor will be entitled, at a specified
time, to supplement the record with
additional documents.

(c) In cases initiated by the FAA
against a contractor, within twenty
(20) business days of the commencement of the Adjudicative Process or as
scheduled by the ODRA, the contractor
shall prepare and submit to the ODRA,
with a copy to the Product Team counsel, a chronologically arranged and indexed substantive response, containing
a legal and factual position regarding
the dispute and all documents relevant
to the facts and issues in dispute. The
Product Team will be entitled, at a
specified time, to supplement the
record with additional documents.
(d) Unless timely objection is made,
documents properly filed with the
ODRA will be deemed admitted into
the administrative record. Discovery
requests and responses are not part of
the record and will not be filed with
the ODRA, except in connection with a
motion or other permissible filing. Designated, relevant portions of such documents may be filed, with the permission of the ODRA.
(e) The Director of the ODRA shall
assign a DRO or a Special Master to
conduct adjudicatory proceedings, develop the administrative adjudication
record and prepare findings and recommendations for the review of the
ODRA Director or the Director-s designee.
(f) The DRO or Special Master may
conduct a status conference(s) as necessary and issue such orders or decisions as are necessary to promote the
efficient resolution of the contract dispute.
(g) At any such status conference, or
as necessary during the Adjudicative
Process, the DRO or Special Master
will:
(1)
Determine
the
appropriate
amount of discovery required;
(2) Review the need for a protective
order, and if one is needed, prepare a
protective order pursuant to Section 17.9;
(3) Determine whether any issue can
be stricken; and
(4) Prepare necessary procedural orders for the proceedings.
(h) Unless otherwise provided by the
DRO or Special Master, or by agreement of the parties with the concurrence of the DRO or Special Master, responses to written discovery shall be

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