[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: 14CFR17.33]



[Page 111-112]

 

                     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 D_Alternative Dispute Resolution

 

Sec. 17.33  Election of alternative dispute resolution process.



    (a) The Office of Dispute Resolution for Acquisition will make its 

personnel available to serve as Neutrals in ADR proceedings and, upon 

request by the parties, will attempt to make qualified non-FAA personnel 

available to serve as Neutrals through neutral-sharing programs and 

other similar arrangements. The parties may elect to employ a mutually 

Compensated Neutral, if the parties agree as to how the costs of any 

such Compensated Neutral are to be shared.

    (b) The parties using an ADR process to resolve a protest shall 

submit an executed ADR agreement containing the information outlined in 

paragraph (d) of this section to the Office of Dispute Resolution for 

Acquisition within five (5) business days after the Office of Dispute 

Resolution for Acquisition conducts a status conference pursuant to 

Sec. 17.17(c). The Office of Dispute Resolution for Acquisition may 

extend this time for good cause.

    (c) The parties using an ADR process to resolve a contract dispute 

shall submit an executed ADR agreement containing the information 

outlined in paragraph (d) of this section to the Office of Dispute 

Resolution for Acquisition as part of the joint statement specified 

under Sec. 17.27.

    (d) The parties to a protest or contract dispute who elect to use 

ADR must submit to the Office of Dispute Resolution for Acquisition an 

ADR agreement setting forth:

    (1) The type of ADR technique(s) to be used;

    (2) The agreed-upon manner of using the ADR process; and

    (3) Whether the parties agree to use a Neutral through The Office of 

Dispute Resolution for Acquisition or to use a Compensated Neutral of 

their choosing, and, if a Compensated Neutral is to be used, how the 

cost of the Compensated Neutral's services will be shared.

    (e) Non-binding ADR techniques are not mutually exclusive, and may 

be used in combination if the parties agree that a combination is most 

appropriate to the dispute. The techniques to be employed must be 

determined in advance by the parties and shall be expressly described in 

their ADR agreement. The agreement may provide for the use of any fair 

and reasonable ADR technique that is designed to achieve a prompt 

resolution of the matter. An ADR agreement for non-binding ADR shall 

provide for a termination of ADR proceedings and the commencement of 

adjudication under the Default Adjudicative Process, upon the election 

of any party. Notwithstanding such termination, the parties may still 

engage with the Office of Dispute Resolution for Acquisition in informal 

ADR techniques (neutral evaluation and/or informal mediation) 

concurrently with adjudication, pursuant to Sec. 17.31(c).

    (f) Binding arbitration may be permitted by the Office of Dispute 

Resolution for Acquisition on a case-by-case basis; and shall be subject 

to the provisions of 5 U.S.C. 575(a), (b), and (c), and any other 

applicable law. Arbitration that is binding on the parties, subject to 

the Administrator's right to approve or disapprove the arbitrator's 

decision, may also be permitted.

    (g) For protests, the ADR process shall be completed within twenty 

(20) business days from the filing of an executed ADR agreement with the 

Office of Dispute Resolution for Acquisition unless the parties request, 

and are



[[Page 112]]



granted an extension of time from the Office of Dispute Resolution for 

Acquisition.

    (h) For contract disputes, the ADR process shall be completed within 

forty (40) business days from the filing of an executed ADR agreement 

with the Office of Dispute Resolution for Acquisition, unless the 

parties request, and are granted an extension of time from the Office of 

Dispute Resolution for Acquisition.

    (i) The parties shall submit to the Office of Dispute Resolution for 

Acquisition an agreed-upon protective order, if necessary, in accordance 

with the requirements of Sec. 17.9.