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14 CFR Ch. I (1–1–18 Edition) 

§ 17.17 

shall be duly authorized to represent 
the protester, to be the point of con-
tact; 

(3) The SIR number or, if available, 

the contract number and the name of 
the CO; 

(4) The basis for the protester’s sta-

tus as an interested party; 

(5) The facts supporting the timeli-

ness of the protest; 

(6) Whether the protester requests a 

protective order, the material to be 
protected, and attach a redacted copy 
of that material; 

(7) A detailed statement of both the 

legal and factual grounds of the pro-
test, and one (1) copy of each relevant 
document; 

(8) The remedy or remedies sought by 

the protester, as set forth in § 17.23; 

(9) The signature of the legal rep-

resentative, or another person duly au-
thorized to represent the protester. 

(d) If the protester wishes to request 

a suspension of the procurement or 
contract performance, in whole or in 
part, and believes that a compelling 
reason(s) exists to suspend the procure-
ment or contract performance because 
of the protested action, the protester 
shall, in its initial filing: 

(1) Set forth such compelling rea-

son(s), supply all facts and documents 
supporting the protester’s position; and 

(2) Demonstrate— 
(i) The protester has alleged a sub-

stantial case; 

(ii) The lack of a suspension would be 

likely to cause irreparable injury; 

(iii) The relative hardships on the 

parties favor a suspension; and 

(iv) That a suspension is in the public 

interest. 

(3) Failure of a protester to provide 

information or documents in support of 
a requested suspension or failure to ad-
dress the elements of paragraph (d)(2) 
of this section may result in the sum-
mary rejection of the request for sus-
pension, or a requirement that the pro-
tester supplement its request prior to 
the scheduling of a Product Team re-
sponse to the request under § 17.17(a). 

(e) Concurrent with the filing of a 

protest with the ODRA, the protester 
shall serve a copy of the protest on the 
CO and any other official designated in 
the SIR for receipt of protests, by 
means reasonably calculated to be re-

ceived by the CO on the same day as it 
is to be received by the ODRA. The pro-
test shall include a signed statement 
from the protester, certifying to the 
ODRA the manner of service, date, and 
time when a copy of the protest was 
served on the CO and other designated 
official(s). 

(f) Upon receipt of the protest, the 

CO shall notify the awardee of a chal-
lenged contract award in writing of the 
existence of the protest. The awardee 
and/or interested parties shall notify 
the ODRA in writing, of their interest 
in participating in the protest as inter-
venors within two (2) business days of 
receipt of the CO’s notification, and 
shall, in such notice, designate a per-
son as the point of contact for the 
ODRA. 

(g) The ODRA has discretion to des-

ignate the parties who shall participate 
in the protest as intervenors. In pro-
tests of awarded contracts, only the 
awardee may participate as an inter-
venor as a matter of right. 

[76 FR 55221, Sept. 7, 2011, as amended by 
Doc. No. FAA–2017–0075, 82 FR 14429, Mar. 21, 
2017] 

§ 17.17

Initial protest procedures. 

(a) If, as part of its initial protest fil-

ing, the protester requests a suspension 
of procurement activities or contractor 
performance in whole or in part, in ac-
cordance with § 17.15(d), the Product 
Team shall submit a response to the re-
quest to the ODRA by no later than the 
close of business on the date of the ini-
tial scheduling conference or on such 
other date as is established by the 
ODRA. Copies of the response shall be 
furnished to the protester and any in-
tervenor(s) so as to be received within 
the same timeframe. The protester and 
any intervenor(s) shall have the oppor-
tunity of providing additional com-
ments on the response within two (2) 
business days of receiving it. Based on 
its review of such submissions, the 
ODRA, in its discretion, may— 

(1) Decline the suspension request; or 
(2) Recommend such suspension to 

the Administrator or the Administra-
tor’s designee. The ODRA also may im-
pose a temporary suspension of no 
more than ten (10) business days, where 
it is recommending that the Adminis-
trator impose a suspension. 

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