Sec. 17.23 - Dispute resolution process
for contract disputes.
(a) All contract disputes arising under contracts subject to the AMS shall be resolved under this subpart.
(b) Contractors shall file contract disputes with the Office of Dispute Resolution for Acquisition and the CO pursuant to §17.25.
(c) After filing the contract dispute, the contractor should seek informal resolution with the CO:
(1) The CO, with the advice of FAA legal counsel, has full discretion to settle contract disputes, except where the matter involves fraud;
(2) The parties shall have up to twenty (20) business days within which to resolve the dispute informally, and may contact the Office of Dispute Resolution for Acquisition for assistance in facilitating such a resolution; and
(3) If no informal resolution is achieved during the twenty (20) business day period, the parties shall file joint or separate statements with the Office of Dispute Resolution for Acquisition pursuant to §17.27.
(d) If informal resolution of the contract dispute appears probable, the Office of Dispute Resolution for Acquisition shall extend the time for the filing of the joint statement under §17.27 for up to an additional twenty (20) business days, upon joint request of the CO and contractor.
(e) The Office of Dispute Resolution for Acquisition shall hold a status conference with the parties within ten (10) business days after receipt of the joint statement required by §17.27, or as soon thereafter as is practicable, in order to establish the procedures to be utilized to resolve the contract dispute.
(f) The Office of Dispute Resolution for Acquisition has broad discretion to recommend remedies for a successful contract dispute, that are consistent with the AMS and applicable law.