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14 CFR Ch. I (1–1–24 Edition)
§ 17.9
Officer (CO) pursuant to §§ 17.15(e) and
17.27(d).
(b) Submissions to the ODRA after
the initial filing of a protest or con-
tract dispute may be accomplished by
any means available in paragraph (a) of
this section. Copies of all such submis-
sions shall be served on the opposing
party or parties.
(c) The time limits stated in this part
are calculated in business days, which
exclude weekends, Federal holidays
and other days on which Federal Gov-
ernment offices in Washington, DC are
not open. In computing time, the day
of the event beginning a period of time
shall not be included. If the last day of
a period falls on a weekend or a Fed-
eral holiday, the first business day fol-
lowing the weekend or holiday shall be
considered the last day of the period.
(d) Electronic Filing—Procedures for
electronic filing may be utilized where
permitted by Order of the ODRA on a
case-by-case basis or pursuant to a
Standing Order of the ODRA permit-
ting electronic filing.
§ 17.9
Protective orders.
(a) The ODRA may issue protective
orders addressing the treatment of pro-
tected information, including pro-
tected information in electronic form,
either at the request of a party or upon
its own initiative. Such information
may include proprietary, confidential,
or source-selection-sensitive material,
or other information the release of
which could result in a competitive ad-
vantage to one or more firms.
(b) The terms of the ODRA’s standard
protective order may be altered to suit
particular circumstances, by negotia-
tion of the parties, subject to the ap-
proval of the ODRA. The protective
order establishes procedures for appli-
cation for access to protected informa-
tion, identification and safeguarding of
that information, and submission of re-
dacted copies of documents omitting
protected information.
(c) After a protective order has been
issued, counsel or consultants retained
by counsel appearing on behalf of a
party may apply for access to the ma-
terial under the order by submitting an
application to the ODRA, with copies
furnished simultaneously to all parties.
The application shall establish that the
applicant is not involved in competi-
tive decision-making for any firm that
could gain a competitive advantage
from access to the protected informa-
tion and that the applicant will dili-
gently protect any protected informa-
tion received from inadvertent disclo-
sure. Objections to an applicant’s ad-
mission shall be raised within two (2)
days of the application, although the
ODRA may consider objections raised
after that time for good cause.
(d) Any violation of the terms of a
protective order may result in the im-
position of sanctions, including but not
limited to removal of the violator from
the protective order and reporting of
the violator to his or her bar associa-
tion(s), and the taking of other actions
as the ODRA deems appropriate. Addi-
tional civil or criminal penalties may
apply.
Subpart B—Protests
§ 17.11
Matters not subject to protest.
The following matters may not be
protested before the ODRA, except for
review of compliance with the AMS:
(a) FAA purchases from or through,
State, local, and tribal governments
and public authorities;
(b) FAA purchases from or through
other Federal agencies;
(c) Grants;
(d) Cooperative agreements;
(e) Other transactions.
§ 17.13
Dispute resolution process for
protests.
(a) Protests concerning FAA SIRs,
solicitations, or contract awards shall
be resolved pursuant to this part.
(b) Potential protestors should,
where possible, attempt to resolve any
issues concerning potential protests
with the CO. Such attempts are not a
prerequisite to filing a protest with the
ODRA.
(c) Offerors or prospective offerors
shall file a protest with the ODRA in
accordance with § 17.15. The protest
time limitations set forth in § 17.15 will
not be extended by attempts to resolve
a potential protest with the CO. Other
than the time limitations specified in
§ 17.15 for the filing of protests, the
ODRA retains the discretion to modify
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