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117 

Federal Aviation Administration, DOT 

§ 17.15 

any timeframes established herein in 
connection with protests. 

(d) In accordance with § 17.17(b), the 

ODRA shall convene an initial status 
conference for the purpose of sched-
uling proceedings in the protest and to 
encourage the parties to consider using 
the ODRA’s ADR process to attempt to 
resolve the protest, pursuant to sub-
part D of this part. It is the Agency’s 
policy to use voluntary ADR to the 
maximum extent practicable. If the 
parties elect not to attempt ADR, or if 
ADR efforts do not completely resolve 
the protest, the protest will proceed 
under the ODRA Adjudicative Process 
set forth in subpart E of this part. In-
formal ADR techniques may be utilized 
simultaneously with ongoing adjudica-
tion. 

(e) The ODRA Director shall des-

ignate DROs, outside neutrals or Spe-
cial Masters as potential neutrals for 
the resolution of protests through 
ADR. The ultimate choice of an ADR 
neutral is made by the parties partici-
pating in the ADR. The ODRA Director 
also shall, at his or her sole discretion, 
designate an adjudicating DRO or Spe-
cial Master for each matter. A person 
serving as a neutral in an ADR effort 
in a matter, shall not serve as an adju-
dicating DRO or Special Master for 
that matter. 

(f) Multiple protests concerning the 

same SIR, solicitation, or contract 
award may be consolidated at the dis-
cretion of the ODRA Director, and as-
signed to a single DRO or Special Mas-
ter for adjudication. 

(g) Procurement activities, and, 

where applicable, contractor perform-
ance pending resolution of a protest, 
shall continue during the pendency of a 
protest, unless there is a compelling 
reason to suspend all or part of the pro-
curement activities or contractor per-
formance. Pursuant to §§ 17.15(d) and 
17.17(a), the ODRA may impose a tem-
porary suspension and recommend sus-
pension of award or contract perform-
ance, in whole or in part, for a compel-
ling reason. A decision to suspend pro-
curement activities or contractor per-
formance is made in writing by the Ad-
ministrator or the Administrator’s 
delegee upon recommendation of the 
ODRA. 

§ 17.15

Filing a protest. 

(a) An interested party may initiate 

a protest by filing with the ODRA in 
accordance with § 17.7(a) within the 
timeframes set forth in this Section. 
Protests that are not timely filed shall 
be dismissed. The timeframes applica-
ble to the filing of protests are as fol-
lows: 

(1) Protests based upon alleged SIR 

or solicitation improprieties that are 
apparent prior to bid opening or the 
time set for receipt of initial proposals 
shall be filed prior to bid opening or 
the time set for the receipt of initial 
proposals. 

(2) In procurements where proposals 

are requested, alleged improprieties 
that do not exist in the initial solicita-
tion, but which are subsequently incor-
porated into the solicitation, must be 
protested not later than the next clos-
ing time for receipt of proposals fol-
lowing the incorporation. 

(3) For protests other than those re-

lated to alleged solicitation impropri-
eties, the protest must be filed on the 
later of the following two dates: 

(i) Not later than seven (7) business 

days after the date the protester knew 
or should have known of the grounds 
for the protest; or 

(ii) If the protester has requested a 

post-award debriefing from the FAA 
Product Team, not later than five (5) 
business days after the date on which 
the Product Team holds that debrief-
ing. 

(b) Protests shall be filed with the 

ODRA, AGC–70, Federal Aviation Ad-
ministration, telephone (202) 267–3290 as 
follows: 

(1) 600 Independence Avenue SW., 

Room 2W100, Washington, DC 20591 for 
filing by hand delivery, courier or 
other form of in-person delivery; 

(2) 800 Independence Avenue SW., 

Washington, DC 20591 [Attention: AGC– 
70, Wilbur Wright Bldg., Room 2W100] 
for filing by U.S. Mail; or 

(3) Numbers (202) 267–3720 or alternate 

(202) 267–1293 for filing by facsimile. 

(c) A protest shall be in writing, and 

set forth: 

(1) The protester’s name, address, 

telephone number, and FAX number; 

(2) The name, address, telephone 

number, and FAX number of the pro-
tester’s legal representative, and who 

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