spaschal on DSK3GDR082PROD with CFR

Federal Aviation Administration, DOT

Section 17.3

permit assertion of the claim, regardless of when the claimant actually discovered those events. For liability to
be fixed, some injury must have occurred. Monetary damages need not
have been incurred, but if the claim is
for money, such damages must be capable of reasonable estimation. The accrual of a claim or the running of the
limitations period may be tolled on equitable grounds, including but not limited 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 administrative adjudicatory process used to decide protests and contract disputes
where the parties have not achieved
resolution through informal communication or the use of ADR. The Adjudicative Process is conducted by a Dispute Resolution Officer (DRO) or Special Master selected by the ODRA Director to preside over the case in accordance with Public Law 108-176, Section 224, Codified at 49 U.S.C.
40110(d)(4).
(e) Administrator means the Administrator of the Federal Aviation Administration.
(f) Alternative Dispute Resolution
(ADR) is the primary means of voluntary dispute resolution that is employed 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, mediator, or arbitrator functioning to resolve 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 compensated 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 interpretation of contract terms, or for other relief arising under, relating to, or involving an alleged breach of that contract. 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 Representative 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 contractual privity with the FAA and responsible for performance of a contract-s
requirements.
(k) Discovery is the procedure whereby opposing parties in a protest or contract 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 economic interest has been or would be affected by the award or failure to award
an FAA contract. Proposed subcontractors are not  - interested parties -  within this definition and are not eligible
to submit protests to the ODRA. Subcontractors 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 participation in a protest is allowed by the
ODRA. For a post-award protest, the
awardee of the contract that is the subject of the protest will be allowed, upon
timely request, to participate as an intervenor in the protest. In such a protest, no other interested parties will be
allowed to participate as intervenors.
(o) Legal Representative is an individual(s) designated to act on behalf of
a party in matters before the ODRA.
Unless
otherwise
provided
under
SectionSection 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 representative.
(p) Neutral refers to an impartial
third party in the ADR process chosen

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