115 

Federal Aviation Administration, DOT 

§ 17.3 

permit assertion of the claim, regard-
less of when the claimant actually dis-
covered those events. For liability to 
be fixed, some injury must have oc-
curred. Monetary damages need not 
have been incurred, but if the claim is 
for money, such damages must be capa-
ble of reasonable estimation. The ac-
crual of a claim or the running of the 
limitations period may be tolled on eq-
uitable grounds, including but not lim-
ited to active concealment, fraud, or if 
the facts were inherently unknowable. 

(c) 

Acquisition Management System 

(AMS) establishes the policies, guiding 
principles, and internal procedures for 
the FAA’s acquisition system. 

(d) 

Adjudicative Process 

is an adminis-

trative adjudicatory process used to de-
cide protests and contract disputes 
where the parties have not achieved 
resolution through informal commu-
nication or the use of ADR. The Adju-
dicative Process is conducted by a Dis-
pute Resolution Officer (DRO) or Spe-
cial Master selected by the ODRA Di-
rector to preside over the case in ac-
cordance with Public Law 108–176, Sec-
tion 224, Codified at 49 U.S.C. 
40110(d)(4). 

(e) 

Administrator 

means the Adminis-

trator of the Federal Aviation Admin-
istration. 

(f) 

Alternative Dispute Resolution 

(ADR) is the primary means of vol-
untary dispute resolution that is em-
ployed by the ODRA. See Appendix A 
of this part. 

(g) 

Compensated Neutral 

refers to an 

impartial third party chosen by the 
parties to act as a facilitator, medi-
ator, or arbitrator functioning to re-
solve the protest or contract dispute 
under the auspices of the ODRA. The 
parties pay equally for the services of a 
compensated neutral, unless otherwise 
agreed to by the parties. An ODRA 
DRO or neutral cannot be a com-
pensated neutral. 

(h) 

Contract Dispute

, as used in this 

part, means a written request to the 
ODRA seeking, as a matter of right 
under an FAA contract subject to the 
AMS, the payment of money in a sum 
certain, the adjustment or interpreta-
tion of contract terms, or for other re-
lief arising under, relating to, or in-
volving an alleged breach of that con-
tract. A contract dispute does not re-

quire, as a prerequisite, the issuance of 
a Contracting Officer final decision. 
Contract disputes, for purposes of ADR 
only, may also involve contracts not 
subject to the AMS. 

(i) 

Counsel 

refers to a Legal Rep-

resentative who is an attorney licensed 
by a State, the District of Columbia, or 
a territory of the United States to 
practice law or appear before the 
courts of that State or territory. 

(j) 

Contractor 

is a party in contrac-

tual privity with the FAA and respon-
sible for performance of a contract’s 
requirements. 

(k) 

Discovery 

is the procedure where-

by opposing parties in a protest or con-
tract dispute may, either voluntarily 
or to the extent ordered by the ODRA, 
obtain testimony from, or documents 
and information held by, other parties 
or non-parties. 

(l) 

Dispute Resolution Officer 

(DRO) is 

an attorney and member of the ODRA 
staff. The term DRO can include the 
Director of the ODRA. 

(m) 

Interested party

, in the context of 

a bid protest, is one whose direct eco-
nomic interest has been or would be af-
fected by the award or failure to award 
an FAA contract. Proposed subcontrac-
tors are not ‘‘interested parties’’ with-
in this definition and are not eligible 
to submit protests to the ODRA. Sub-
contractors not in privity with the 
FAA are not interested parties in the 
context of a contract dispute. 

(n) 

Intervenor 

is an interested party 

other than the protester whose partici-
pation in a protest is allowed by the 
ODRA. For a post-award protest, the 
awardee of the contract that is the sub-
ject of the protest will be allowed, upon 
timely request, to participate as an in-
tervenor in the protest. In such a pro-
test, no other interested parties will be 
allowed to participate as intervenors. 

(o) 

Legal Representative 

is an indi-

vidual(s) designated to act on behalf of 
a party in matters before the ODRA. 
Unless otherwise provided under 
§§ 17.15(c)(2), 17.27(a)(1), or 17.59(a)(6), a 
Notice of Appearance must be filed 
with the ODRA containing the name, 
address, telephone and facsimile (Fax) 
numbers of a party’s legal representa-
tive. 

(p) 

Neutral 

refers to an impartial 

third party in the ADR process chosen 

VerDate Sep<11>2014 

12:50 Apr 30, 2019

Jkt 247046

PO 00000

Frm 00125

Fmt 8010

Sfmt 8010

Y:\SGML\247046.XXX

247046

spaschal on DSK3GDR082PROD with CFR