title-14-part-17-sec17-15

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.

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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14 CFR Ch. I (1–1–24 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.