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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