[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR17.33]

[Page 113-114]
 
                     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,

[[Page 114]]

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 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.