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115 

Federal Aviation Administration, DOT 

§ 17.7 

(m) Interested party, in the context of 

a bid protest, is one whose direct eco-
nomic interest has been or would be af-
fected by the award or failure to award 
an FAA contract. Proposed subcontrac-
tors are not ‘‘interested parties’’ with-
in this definition and are not eligible 
to submit protests to the ODRA. Sub-
contractors not in privity with the 
FAA are not interested parties in the 
context of a contract dispute. 

(n)  Intervenor  is an interested party 

other than the protester whose partici-
pation in a protest is allowed by the 
ODRA. For a post-award protest, the 
awardee of the contract that is the sub-
ject of the protest will be allowed, upon 
timely request, to participate as an in-
tervenor in the protest. In such a pro-
test, no other interested parties will be 
allowed to participate as intervenors. 

(o)  Legal Representative is an indi-

vidual(s) designated to act on behalf of 
a party in matters before the ODRA. 
Unless otherwise provided under 
§§ 17.15(c)(2), 17.27(a)(1), or 17.59(a)(6), a 
Notice of Appearance must be filed 
with the ODRA containing the name, 
address, telephone and facsimile (Fax) 
numbers of a party’s legal representa-
tive. 

(p)  Neutral  refers to an impartial 

third party in the ADR process chosen 
by the parties to act as a facilitator, 
mediator, arbitrator, or otherwise to 
aid the parties in resolving a protest or 
contract dispute. A neutral can be a 
DRO or a person not an employee of 
the ODRA. 

(q)  ODRA  is the FAA’s exclusive 

forum acting on behalf of the Adminis-
trator, pursuant to the statutory au-
thority granted by Public Law 108–176, 
Section 224, to provide dispute resolu-
tion services and to adjudicate matters 
within its jurisdiction. The ODRA may 
also provide non-binding dispute reso-
lution services in matters outside of its 
jurisdiction where mutually requested 
to do so by the parties involved. 

(r)  Parties  include the protester(s) or 

the contractor, the FAA, and any in-
tervenor(s). 

(s)  Pre-Disputes  mean an issue(s) in 

controversy concerning an FAA con-
tract or solicitation that, by mutual 
agreement of the parties, is filed with 
the ODRA. See subpart G of this part. 

(t)  Product Team, as used in these 

rules, refers to the FAA organization(s) 
responsible for the procurement or con-
tracting activity, without regard to 
funding source, and includes the Con-
tracting Officer (CO). The Product 
Team, acting through assigned FAA 
counsel, is responsible for all commu-
nications with and submissions to the 
ODRA in pending matters. 

(u) Screening Information Request (SIR 

or Solicitation) means a request by the 
FAA for documentation, information, 
presentations, proposals, or binding of-
fers concerning an approach to meeting 
potential acquisition requirements es-
tablished by the FAA. 

(v) A Special Master is a non-FAA at-

torney or judge who has been assigned 
by the ODRA to act as its finder of 
fact, and to make findings and rec-
ommendations based upon AMS policy 
and applicable law and authorities in 
the Adjudicative Process. 

§ 17.5

Delegation of authority. 

(a) The authority of the Adminis-

trator to conduct dispute resolution 
and adjudicative proceedings con-
cerning acquisition matters is dele-
gated to the Director of the ODRA. 

(b) The Director of the ODRA may re-

delegate to Special Masters and DROs 
such delegated authority in paragraph 
(a) of this section as deemed necessary 
by the Director for efficient resolution 
of an assigned protest or contract dis-
pute, including the imposition of sanc-
tions for the filing of frivolous plead-
ings, making false statements, or other 
disciplinary actions. See subpart F of 
this part. 

§ 17.7

Filing and computation of time. 

(a) Filing of a protest or contract dis-

pute may be accomplished by overnight 
delivery, by hand delivery, by Fax, or, 
if permitted by Order of the ODRA, by 
electronic filing. A protest or contract 
dispute is considered to be filed on the 
date it is received by the ODRA during 
normal business hours. The ODRA’s 
normal business hours are from 8:30 
a.m. to 5 p.m. Eastern Time. A protest 
or contract dispute received after the 
time period prescribed for filing shall 
not be considered timely filed. Service 
shall also be made on the Contracting 

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