110
14 CFR Ch. I (1–1–14 Edition)
Pt. 17
dismissed, denied, disregarded, or oth-
erwise adversely affected on account of
such violation.
(b) The Associate Administrator
may, to the extent consistent with the
interests of justice and the policy of
the underlying statutes administered
by the FAA, consider a violation of
this subpart sufficient grounds for a de-
cision adverse to a party who has
knowingly committed such violation or
knowingly caused such violation to
occur.
[Doc. No. 27783, 61 FR 54004, October 16, 1996.
Redesignated at Amdt. 16–1, 78 FR 56148,
Sept. 12, 2013]
PART 17—PROCEDURES FOR PRO-
TESTS AND CONTRACT DISPUTES
Subpart A—General
Sec.
17.1
Applicability.
17.3
Definitions.
17.5
Delegation of authority.
17.7
Filing and computation of time.
17.9
Protective orders.
Subpart B—Protests
17.11
Matters not subject to protest.
17.13
Dispute resolution process for pro-
tests.
17.15
Filing a protest.
17.17
Initial protest procedures.
17.19
Motions practice and dismissal or
summary decision of protests.
17.21
Adjudicative Process for protests.
17.23
Protest remedies.
Subpart C—Contract Disputes
17.25
Dispute resolution process for con-
tract disputes.
17.27
Filing a contract dispute.
17.29
Informal resolution period.
17.31
Dismissal or summary decision of con-
tract disputes.
17.33
Adjudicative Process for contract dis-
putes.
Subpart D—Alternative Dispute Resolution
17.35
Use of alternative dispute resolution.
17.37
Election of alternative dispute resolu-
tion process.
17.39
Confidentiality of ADR.
Subpart E—Finality and Review
17.41
Final orders.
17.43
Judicial review.
17.45
Conforming amendments.
17.47
Reconsideration.
Subpart F—Other Matters
17.49
Sanctions.
17.51
Decorum and professional conduct.
17.53
Orders and subpoenas for testimony
and document production.
17.55
Standing orders of the ODRA director.
Subpart G—Pre-Disputes
17.57
Dispute resolution process for Pre-dis-
putes.
17.59
Filing a Pre-dispute.
17.61
Use of alternative dispute resolution.
A
PPENDIX
A
TO
P
ART
17—A
LTERNATIVE
D
IS
-
PUTE
R
ESOLUTION
(ADR)
A
UTHORITY
: 5 U.S.C. 570–581, 49 U.S.C.
106(f)(2), 40110, 40111, 40112, 46102, 46014, 46105,
46109, and 46110.
S
OURCE
: 76 FR 55221, Sept. 7, 2011, unless
otherwise noted.
Subpart A—General
§ 17.1
Applicability.
This part applies to all Acquisition
Management System (AMS) bid pro-
tests and contract disputes involving
the FAA that are filed at the Office of
Dispute Resolution for Acquisition
(ODRA) on or after October 7, 2011,
with the exception of those contract
disputes arising under or related to
FAA contracts entered into prior to
April 1, 1996, where such contracts have
not been modified to be made subject
to the FAA AMS. This part also applies
to pre-disputes as described in subpart
G of this part.
§ 17.3
Definitions.
(a)
Accrual means to come into exist-
ence as a legally enforceable claim.
(b)
Accrual of a contract claim means
that all events relating to a claim have
occurred, which fix liability of either
the government or the contractor and
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.
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