[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR17.25]



[Page 109]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 17_PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES--Table of Contents

 

                       Subpart C_Contract Disputes

 

Sec. 17.25  Filing a contract dispute.



    (a) Contract disputes are to be in writing and shall contain:

    (1) The contractor's name, address, telephone and fax numbers and 

the name, address, telephone and fax numbers of the contractor's legal 

representative(s) (if any) for the contract dispute;

    (2) The contract number and the name of the Contracting Officer;

    (3) A detailed chronological statement of the facts and of the legal 

grounds for the contractor's positions regarding each element or count 

of the contract dispute (i.e., broken down by individual claim item), 

citing to relevant contract provisions and documents and attaching 

copies of those provisions and documents;

    (4) All information establishing that the contract dispute was 

timely filed;

    (5) A request for a specific remedy, and if a monetary remedy is 

requested, a sum certain must be specified and pertinent cost 

information and documentation (e.g., invoices and cancelled checks) 

attached, 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 by mail, in person, by 

overnight delivery or by facsimile at the following address:

    (1) Office of Dispute Resolution for Acquisition, AGC-70, Federal 

Aviation Administration, 400 7th Street, SW., Room 8332, Washington, DC 

20590, Telephone: (202) 366-6400, Facsimile: (202) 366-7400; or

    (2) Other address as shall be published from time to time in the 

Federal Register.

    (c) A contract dispute against the FAA shall be filed with the 

Office of Dispute Resolution for Acquisition within two (2) years of the 

accrual of the contract claim involved. A contract dispute by the FAA 

against a contractor (excluding contract disputes alleging warranty 

issues, fraud or latent defects) likewise shall be filed within two (2) 

years after the accrual of the contract claim. If an underlying contract 

entered into prior to the effective date of this part provides for time 

limitations for filing of contract disputes with The Office of Dispute 

Resolution for Acquisition 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 Office of Dispute Resolution for Acquisition 

a contract dispute seeking an equitable adjustment or other damages 

after the contractor has accepted final contract payment, with the 

exception of FAA claims related to warranty issues, gross mistakes 

amounting to fraud or latent defects. FAA claims against the contractor 

based on warranty issues must be filed within the time specified under 

applicable contract warranty provisions. Any FAA claims against the 

contractor based on gross mistakes amounting to fraud or latent defects 

shall be filed with the Office of Dispute Resolution for Acquisition 

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 to be received by the Office of Dispute Resolution 

for Acquisition.