Code of Federal Regulations - Title 14

125

Federal Aviation Administration, DOT

Pt. 17, App. A

section shall be responsible for the pay-
ment of fees and mileage, as required
by 49 U.S.C. 46104(d), for witnesses, offi-
cers who serve the order, and the offi-
cer 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).

§ 17.55

Standing orders of the ODRA

Director.

The Director may issue such Stand-

ing Orders as necessary for the orderly
conduct of business before the ODRA.

Subpart G—Pre-Disputes

§ 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 con-
sent of the parties to the dispute under
this subpart.

(b) Pre-disputes shall be filed with

the ODRA pursuant to § 17.59.

of Protests and Contract Disputes es-
tablished in §§ 17.15(a) and 17.27(c) will
not be extended by efforts to resolve
the dispute under this subpart.

§ 17.59

Filing a Pre-dispute.

(a) A Pre-dispute must be in writing,

affirmatively state that it is a Pre-dis-
pute pursuant to this subpart, and
shall contain:

(1) The party’s name, address, tele-

phone 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 num-

ber 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 solicita-
tion provisions and documents and at-
taching 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 at the

following address: ODRA, AGC–70, Fed-
eral Aviation Administration, 800 Inde-

pendence Avenue, SW., Room 323,
Washington, DC 20591; Telephone: (202)
267–3290, Fax: (202) 267–3720.

with the ODRA, the ODRA will contact
the opposing party to offer its services
pursuant to § 17.57. If the opposing
party agrees, the ODRA will provide
Pre-dispute services. If the opposing
party does not agree, the ODRA Pre-
dispute file will be closed and no serv-
ice will be provided.

§ 17.61

Use of alternative dispute reso-

lution.

(a) Only non-binding, voluntary ADR

will be used to attempt to resolve a
Pre-dispute pursuant to § 17.37.

(b) ADR conducted under this sub-

part is subject to the confidentiality
requirements of § 17.39.

PPENDIX

ART

17—A

LTERNATIVE

ISPUTE

ESOLUTION

(ADR)

A. The FAA dispute resolution procedures

encourage the parties to protests and con-
tract disputes to use ADR as the primary
means to resolve protests and contract dis-
putes, pursuant to the Administrative Dis-
pute Resolution Act of 1996, Public Law 104–
320, 5 U.S.C. 570–579, and Department of
Transportation and FAA policies to utilize
ADR to the maximum extent practicable.
Under the procedures presented in this part,
the ODRA encourages parties to consider
ADR techniques such as case evaluation, me-
diation, or arbitration.

B. ADR encompasses a number of processes

and techniques for resolving protests or con-
tract disputes. The most commonly used
types include:

(1)

Mediation. The neutral or compensated

neutral ascertains the needs and interests of
both parties and facilitates discussions be-
tween or among the parties and an amicable
resolution of their differences, seeking ap-
proaches to bridge the gaps between the par-
ties’’ respective positions. The neutral or
compensated neutral can meet with the par-
ties separately, conduct joint meetings with
the parties’’ representatives, or employ both
methods in appropriate cases.

(2)

Neutral Evaluation. At any stage during

the ADR process, as the parties may agree,
the neutral or compensated neutral will pro-
vide a candid assessment and opinion of the
strengths and weaknesses of the parties’’ po-
sitions as to the facts and law, so as to facili-
tate further discussion and resolution.

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