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Office Of Dispute Resolution For Acquisition
The Office of Dispute Resolution for Acquisition (ODRA) is an Article I court that was established by the Federal Aviation Administration (FAA) pursuant to a statutory grant of authorityAMS Resolution of Protests and Contract DisputesAMS 3.9 as an independent tribunal to hear and decide both award protests and contract disputes subject to the Acquisition Management System (AMS) between government contractors and the FAA. See also * Federal Aviation Administration * Acquisition Management System * Contract Disputes Act of 1978 * Tucker Act * Civilian Board of Contract Appeals * United States Court of Federal Claims * United States Court of Appeals for the Federal Circuit References External links * {{Official website, https://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc70/ Contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves con ...
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Article I Court
Federal tribunals in the United States are those tribunals established by the federal government of the United States for the purpose of resolving disputes involving or arising under Law of the United States, federal laws, including questions about the constitutionality of such laws. Such tribunals include both Article III tribunals (federal courts) as well as Adjudication, adjudicative entities which are classified as Article I or Article IV tribunals. Some of the latter entities are also formally denominated as courts, but they do not enjoy certain protections afforded to Article III courts. These tribunals are described in reference to the article of the United States Constitution from which the tribunal's authority stems. The use of the term "tribunal" in this context as a blanket term to encompass both courts and other adjudicative entities comes from section 8 of Article One of the United States Constitution, Article I of the Constitution, which enumerated powers (United Sta ...
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Federal Aviation Administration
The Federal Aviation Administration (FAA) is a Federal government of the United States, U.S. federal government agency within the United States Department of Transportation, U.S. Department of Transportation that regulates civil aviation in the United States and surrounding international waters. Its powers include air traffic control, certification of personnel and aircraft, setting standards for airports, and protection of U.S. assets during the launch or re-entry of commercial space vehicles. Powers over neighboring international waters were delegated to the FAA by authority of the International Civil Aviation Organization. The FAA was created in as the Federal Aviation Agency, replacing the Civil Aeronautics Administration (United States), Civil Aeronautics Administration (CAA). In 1967, the FAA became part of the newly formed U.S. Department of Transportation and was renamed the Federal Aviation Administration. Major functions The FAA's roles include: *Regulating U.S. co ...
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Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ...
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Acquisition Management System
The Acquisition Management System (AMS) provides policy and guidance on lifecycle acquisition management by the United States Federal Aviation Administration (FAA).AMS 1.1.1
The self-stated objectives of the AMS "are to increase the quality, reduce the time, manage the risk, and minimize the cost of delivering safe and secure services to the aviation community and flying public." The AMS applies to acquisitions by the FAA in place of the (FAR) and various other provisions of Federal acquisition law.(d)(2); Department of Transportation and Related Agencies App ...
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Government Contractor
A government contractor is a company ( privately owned, publicly traded or a state-owned enterprise)either for profit or non-profitthat produces goods or services under contract for the government. Some communities are largely sustained by government contracting activity; for instance, much of the economy of Northern Virginia consists of government contractors employed directly or indirectly by the federal government of the United States. Terminology Frequently a term public contractor is used to describe the government contractor. In ancient Rome, term publican was used for private individuals that performed work on public buildings, supplied Roman armies, or collected taxes. United Kingdom Section 12(2) and (3) of the Official Secrets Act 1989 define the expression "Government Contractor" for the purposes of that Act. United States The United States federal government seeks to select contractors in a way that is fair to all and promotes the free market system. Contrac ...
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Contract Disputes Act Of 1978
The Contract Disputes Act of 1978 ("CDA", , ), which became effective on March 1, 1979, establishes the procedures for handling "claims" relating to United States Federal Government contracts. It is codified, as amended, at . Claims by contractors against the Federal Government must be submitted in writing to the Government's Contracting Officer for a decision. Claims by the Federal Government against a contractor must be the subject of a decision by the Contracting Officer. Apart from claims by the Federal Government alleging fraud in connection with a claim by the contractor, all claims by either the Federal Government or the contractor must be submitted within six years after the accrual of the claim. Claims by contractors for more than $100,000 must be accompanied by a certification that (i) the claim is made in good faith, (ii) the supporting data are accurate and complete to the best of the contractor's knowledge and belief, (iii) the amount requested represents the contra ...
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Tucker Act
The Tucker Act (March 3, 1887, ch. 359, , ) is a federal statute of the United States by which the United States government has waived its sovereign immunity with respect to certain lawsuits. The Tucker Act may be divided into the "Big" Tucker Act, which applies to claims above $10,000 and gives jurisdiction to the United States Court of Federal Claims, and the "Little" Tucker Act (), the current version of which gives concurrent jurisdiction to the Court of Federal Claims and the District Courts "for the recovery of any internal-revenue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner wrongfully collected under the internal-revenue laws", and for claims below $10,000. Permitted lawsuits Suits may arise out of express or implied contracts to which the government was a party. Damages may be liquidated or unliquidated. Suits may be brou ...
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Civilian Board Of Contract Appeals
The Civilian Board of Contract Appeals (CBCA) is an adjudicative board composed of federal administrative judges that is housed within but functionally independent of the General Services Administration.  The Civilian Board of Contract Appeals was established by Section 847 of the National Defense Authorization Act for Fiscal Year 2006, with an effective date of January 6, 2007, to hear and decide contract disputes between government contractors and executive agencies under the provisions of the Contract Disputes Act, 41 U.S.C. §§ 7101 et seq., and regulations and rules issued under that statute. Jurisdiction The CBCA decides disputes between government contractors and executive agencies of the United States. The Board's authority extends to all executive agencies other than the Department of Defense, the National Aeronautics and Space Administration, the United States Postal Service, the Postal Regulatory Commission, the Federal Aviation Administration, and the Tennessee Valley ...
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United States Court Of Federal Claims
The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal courts, United States federal court that hears monetary claims against the Federal government of the United States, U.S. government. It was established by statute in 1982 as the United States Claims Court, and took its current name in 1992. The court is the successor to trial division of the United States Court of Claims, which was established in 1855. The courthouse of the Court of Federal Claims is situated in the Howard T. Markey National Courts Building (on Madison Place across from the White House) in Washington, D.C., but, for convenience, cases may be heard elsewhere in the country. History Court of Claims (1855–1982) The court traces its origins directly back to 1855, when Congress established the United States Court of Claims to provide for the determination of private claims against the United States government. The legislation was signed into law on Fe ...
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United States Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is one of the 13 United States courts of appeals. It has special appellate jurisdiction over certain categories of cases in the U.S. federal court system. Specifically, it has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademark registrations, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other types of cases. The Federal Circuit has no jurisdiction over any criminal, bankruptcy, immigration, or U.S. state law cases. It is headquartered at the Howard T. Markey National Courts Building in Washington, D.C. The Federal Circuit was created in 1982 with enactment of the Federal Courts Improvement Act, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former co ...
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Article I Tribunals
Federal tribunals in the United States are those tribunals established by the federal government of the United States for the purpose of resolving disputes involving or arising under federal laws, including questions about the constitutionality of such laws. Such tribunals include both Article III tribunals (federal courts) as well as adjudicative entities which are classified as Article I or Article IV tribunals. Some of the latter entities are also formally denominated as courts, but they do not enjoy certain protections afforded to Article III courts. These tribunals are described in reference to the article of the United States Constitution from which the tribunal's authority stems. The use of the term "tribunal" in this context as a blanket term to encompass both courts and other adjudicative entities comes from section 8 of Article I of the Constitution, which expressly grants Congress the power to constitute tribunals inferior to the Supreme Court of the United States. ...
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