Federal Aviation Administration, DOT

Section 17.61

the subpoena is issued on behalf of the
Product Team, money payments need
not be tendered in advance of attendance. The person serving the subpoena
or order shall file a declaration of service with the ODRA, executed in the
form required by 28 U.S.C. 1746. The
declaration of service shall be filed
promptly with the ODRA, and before
the date on which the person served
must respond to the subpoena or order.
(e) Upon written motion by the person subpoenaed or ordered under this
section, or by a party, made within ten
(10) business days after service, but in
any event not later than the time specified in the subpoena or order for compliance, the DRO may - 
(1) Rescind or modify the subpoena or
order if it is unreasonable and oppressive or for other good cause shown, or
(2) Require the party on whose behalf
the subpoena or order was issued to advance the reasonable cost of producing
documentary evidence. Where circumstances require, the DRO may act
upon such a motion at any time after a
copy has been served upon all parties.
(f) The party that requests the DRO
to issue a subpoena or order under this
section shall be responsible for the payment of fees and mileage, as required
by 49 U.S.C. 46104(d), for witnesses, officers who serve the order, and the officer before whom a deposition is taken.
(g) Subpoenas and orders issued
under this section may be enforced in a
judicial proceeding under 49 U.S.C.
46104(b).
Section 17.55 Standing orders of the ODRA
Director.
The Director may issue such Standing Orders as necessary for the orderly
conduct of business before the ODRA.

spaschal on DSK3GDR082PROD with CFR

Subpart G - Pre-Disputes
Section 17.57 Dispute resolution process for
Pre-disputes.
(a) All potential disputes arising
under contracts or solicitations with
the FAA may be resolved with the consent of the parties to the dispute under
this subpart.
(b) Pre-disputes shall be filed with
the ODRA pursuant to Section 17.59.
(c) The time limitations for the filing
of Protests and Contract Disputes es-

tablished in SectionSection 17.15(a) and 17.27(c) will
not be extended by efforts to resolve
the dispute under this subpart.
Section 17.59 Filing a Pre-dispute.
(a) A Pre-dispute must be in writing,
affirmatively state that it is a Pre-dispute pursuant to this subpart, and
shall contain:
(1) The party-s name, address, telephone and Fax numbers and the name,
address, telephone and Fax numbers of
the contractor-s legal representative(s)
(if any);
(2) The contract or solicitation number and the name of the Contracting
Officer;
(3) A chronological statement of the
facts and of the legal grounds for the
party-s positions regarding the dispute
citing to relevant contract or solicitation provisions and documents and attaching copies of those provisions and
documents; and
(4) The signature of a duly authorized
legal representative of the initiating
party.
(b) Pre-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) Upon the filing of a Pre-dispute
with the ODRA, the ODRA will contact
the opposing party to offer its services
pursuant to Section 17.57. If the opposing
party agrees, the ODRA will provide
Pre-dispute services. If the opposing
party does not agree, the ODRA Predispute file will be closed and no service will be provided.
[76 FR 55221, Sept. 7, 2011, as amended by
Doc. No. FAA-2017-0075, 82 FR 14429, Mar. 21,
2017]

Section 17.61 Use of alternative dispute resolution.
(a) Only non-binding, voluntary ADR
will be used to attempt to resolve a
Pre-dispute pursuant to Section 17.37.

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