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Federal Aviation Administration, DOT 

§ 17.29 

name, address, telephone and Fax num-
bers of the contractor’s legal represent-
ative(s) (if any) for the contract dis-
pute; 

(2) The contract number and the 

name of the Contracting Officer; 

(3) A detailed chronological state-

ment of the facts and of the legal 
grounds underlying the contract dis-
pute, broken down by individual claim 
item, citing to relevant contract provi-
sions and attaching copies of the con-
tract and other relevant documents; 

(4) Information establishing the 

ODRA’s jurisdiction and the timeliness 
of the contract dispute; 

(5) A request for a specific remedy, 

and the amount, if known, of any mon-
etary remedy requested, together with 
pertinent cost information and docu-
mentation (

e.g., invoices and cancelled 

checks). Supporting documentation 
should be broken down by individual 
claim item and summarized; and 

(6) The signature of a duly authorized 

representative of the initiating party. 

(b) Contract disputes shall be filed at 

the following address: ODRA, AGC–70, 
Federal Aviation Administration, 800 
Independence Avenue, SW., Room 323, 
Washington, DC 20591; Telephone: (202) 
267–3290, Fax: (202) 267–3720. 

(c) A contract dispute against the 

FAA shall be filed with the ODRA 
within two (2) years of the accrual of 
the contract claim involved. A con-
tract dispute by the FAA against a 
contractor (excluding contract disputes 
alleging warranty issues, fraud or la-
tent defects) likewise shall be filed 
within two (2) years of the accrual of 
the contract claim. If an underlying 
contract entered into prior to the effec-
tive date of this part provides for time 
limitations for filing of contract dis-
putes with the ODRA, which differ 
from the aforesaid two (2) year period, 
the limitation periods in the contract 
shall control over the limitation period 
of this section. In no event will either 
party be permitted to file with the 
ODRA a contract dispute seeking an 
equitable adjustment or other damages 
after the contractor has accepted final 
contract payment, with the exception 
of FAA contract disputes related to 
warranty issues, gross mistakes 
amounting to fraud or latent defects. 
FAA contract disputes against the con-

tractor based on warranty issues must 
be filed within the time specified under 
applicable contract warranty provi-
sions. Any FAA contract disputes 
against the contractor based on gross 
mistakes amounting to fraud or latent 
defects shall be filed with the ODRA 
within two (2) years of the date on 
which the FAA knew or should have 
known of the presence of the fraud or 
latent defect. 

(d) A party shall serve a copy of the 

contract dispute upon the other party, 
by means reasonably calculated to be 
received on the same day as the filing 
is received by the ODRA. 

(e) With the exception of the time 

limitations established herein for the 
filing of contract disputes, the ODRA 
retains the discretion to modify any 
timeframe established herein in con-
nection with contract disputes. 

§ 17.29

Informal resolution period. 

(a) The ODRA process for contract 

disputes includes an informal resolu-
tion period of twenty (20) business days 
from the date of filing in order for the 
parties to attempt to informally re-
solve the contract dispute either 
through direct negotiation or with the 
assistance of the ODRA. The CO, with 
the advice of FAA legal counsel, has 
full discretion to settle contract dis-
putes, except where the matter in-
volves fraud. 

(b) During the informal resolution 

period, if the parties request it, the 
ODRA will appoint a DRO for ADR who 
will discuss ADR options with the par-
ties, offer his or her services as a po-
tential neutral, and assist the parties 
to enter into an agreement for a formal 
ADR process. A person serving as a 
neutral in an ADR effort in a matter 
shall not serve as an adjudicating DRO 
or Special Master for that matter. 

(c) The informal resolution period 

may be extended at the request of the 
parties for good cause. 

(d) If the matter has not been re-

solved informally, the parties shall file 
joint or separate statements with the 
ODRA no later than twenty (20) busi-
ness days after the filing of the con-
tract dispute. The ODRA may extend 
this time, pursuant to § 17.27(e). The 
statement(s) shall include either: 

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