spaschal on DSK3GDR082PROD with CFR

Section 17.33

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

due within thirty (30) business days
from the date received.
(i) At a time or at times determined
by the DRO or Special Master, and in
advance of the decision of the case, the
parties shall make individual final submissions to the ODRA and to the DRO
or Special Master, which submissions
shall include the following:
(1) A statement of the issues;
(2) A proposed statement of undisputed facts related to each issue together with citations to the administrative record or other supporting materials;
(3) Separate statements of disputed
facts related to each issue, with appropriate citations to documents in the
Dispute File, to pages of transcripts of
any hearing or deposition, or to any affidavit or exhibit which a party may
wish to submit with its statement;
(4) Separate legal analyses in support
of the parties- respective positions on
disputed issues.
(j) Each party shall serve a copy of
its final submission on the other party
by means reasonably calculated so that
the other party receives such submissions on the same day it is received by
the ODRA.
(k) The DRO or Special Master may
decide the contract dispute on the
basis of the administrative record and
the submissions referenced in this section, or may, in the DRO or Special
Master-s discretion, direct the parties
to make additional presentations in
writing. The DRO or Special Master
may conduct hearings, and may limit
the hearings to the testimony of specific witnesses and/or presentations regarding specific issues. The DRO or
Special Master shall control the nature
and conduct of all hearings, including
the sequence and extent of any testimony. Evidentiary hearings on the
record shall be conducted by the
ODRA:
(1) Where the DRO or Special Master
determines that there are complex factual issues in dispute that cannot adequately or efficiently be developed
solely by means of written presentations and/or that resolution of the
controversy will be dependent on his/
her assessment of the credibility of
statements provided by individuals

with first-hand knowledge of the facts;
or
(2) Upon request of any party to the
contract dispute, unless the DRO or
Special Master finds specifically that a
hearing is unnecessary and that no
party will be prejudiced by limiting the
record in the adjudication to the parties- written submissions. All witnesses
at any such hearing shall be subject to
cross-examination by the opposing
party and to questioning by the DRO or
Special Master.
(l) The DRO or Special Master shall
prepare findings and recommendations,
which will contain findings of fact, application of the principles of the AMS
and other law or authority applicable
to the findings of fact, and a recommendation for a final FAA order.
(m) The DRO or Special Master shall
conduct a de novo review using the preponderance of the evidence standard,
unless a different standard is prescribed for a particular issue. Notwithstanding the above, allegations that
government officials acted with bias or
in bad faith must be established by
clear and convincing evidence.
(n) The Director of the ODRA may
review the status of any contract dispute in the Adjudicative Process with
the DRO or Special Master.
(o) A DRO or Special Master shall
submit findings and recommendations
to the Director of the ODRA or the Director-s designee. The findings and recommendations will be released to the
parties and to the public, upon
issuance of the final FAA order in the
case. Should an ODRA protective order
be issued in connection with the contract dispute, or should the matter involve proprietary or competition-sensitive information, a redacted version
of the findings and recommendations
omitting any protected information,
shall be prepared wherever possible and
released to the public, as soon as is
practicable, along with a copy of the
final FAA order. Only persons admitted
by the ODRA under the protective
order and Government personnel shall
be provided copies of the unredacted
findings and recommendations.
(p) Attorneys- fees of a qualified prevailing contractor are allowable to the
extent permitted by the EAJA, 5 U.S.C.
504(a)(1). See 14 CFR part 14.

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