[Federal Register: April 2, 2004 (Volume 69, Number 64)]
[Notices]
[Page 17469-17470]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap04-115]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Delegation of Authority
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of delegation of authority.
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SUMMARY: The FAA is giving notice of a specific delegation of authority
from the FAA Administrator to the Associate Chief Counsel/Director,
Office of Dispute Resolution for Acquisition (hereinafter the ``ODRA
Director''), to supplement and expand the authority previously
delegated on July 29, 1998 and supersede the delegation issued to the
Associate Chief Counsel/Director of the ODRA on March 27, 2000, in
order to permit the ODRA Director to issue final FAA Agency orders on
behalf of the Administrator in certain bid protests and contract
disputes filed with the FAA Office of Dispute Resolution for
Acquisition. The delegation was set forth in a memorandum signed by the
Administrator dated March 10, 2004. The FAA is publishing the text of
the delegation, so that it is available to interested parties.
FOR FURTHER INFORMATION CONTACT: Marie A. Collins, Staff Attorney and
Dispute Resolution Officer for the Office of Dispute Resolution for
Acquisition (AGC-70), Federal Aviation Administration, 800 Independence
Street, SW., Room 323, Washington, DC 20591; telephone (202) 267-3290;
facsimile (202) 267-3720.
SUPPLEMENTARY INFORMATION: Under the Department of Transportation and
Related Agencies Appropriations Act of 1996, Pub. L. No. 104-50, 109
Stat. 436 (1995) (``Appropriations Act''), Congress directed the FAA to
develop an acquisition system that addresses the mission and unique
needs of the Agency and at a minimum, provides for more
[[Page 17470]]
timely and cost-effective acquisition of equipment and materials. In
the Appropriations Act, Congress expressly directed the FAA to create
the new acquisition system without reference to existing procurement
statutes and regulations. The result was the development of the FAA's
Acquisition Management System (AMS) and the establishment of the Office
of Dispute Resolution for Acquisition (ODRA). Subsequently, Congress
enacted the Vision 100--Century of Aviation Reauthorization Act, Pub.
L. No. 108-176, 117 Stat. 2490 (2003), which specifies the ODRA as the
exclusive forum for the resolution and adjudication of bid protests and
contract disputes arising from AMS acquisitions and contracts. Under
these statutes, the ODRA is mandated to resolve bid protests and
contract disputes in a timely and efficient manner, using consensual
alternative dispute resolution techniques to the maximum extent
practicable. A final procedural rule that took effect on June 28, 1999
for ODRA bid protests and contract disputes was published in the
Federal Register on June 18, 1999 (64 FR 34926). Technical corrections
to the rule were published in the Federal Register on August 31, 1999
(64 FR 47361). The full text of the March 10, 2004 delegation from the
Administrator to the ODRA Director provides the ODRA Director with
additional authority to act on behalf of the Administrator with respect
to ODRA bid protests and contract disputes as follows:
In order to render more efficient the FAA acquisition dispute
resolution process, pursuant to 49 U.S.C. Sec. 106(f)(2), 49 U.S.C.
40101, et seq., and 46101, et seq., and 14 CFR part 17, I hereby
delegate to the Associate Chief Counsel/Director, Office of Dispute
Resolution for Acquisition (``ODRA'') authority to execute and issue on
behalf of the Administrator, orders and final decisions for the FAA in
all matters within the ODRA's jurisdiction, provided that such matters
involve either: (1) A bid protest concerning an acquisition having a
value or potential value of not more than five million dollars
($5,000,000.00); or (2) a contract dispute involving a total amount to
be adjudicated, exclusive of interest, legal fees or costs, of not more
than five million dollars ($5,000,000.00). The Associate Chief Counsel/
ODRA Director further is authorized to execute and issue orders and
final decisions on behalf of the Administrator for any applications
made pursuant to the Equal Access to Justice Act for matters within the
ODRA's jurisdiction.
The foregoing authority may not be re-delegated.
This delegation supplements and expands the authority previously
delegated on July 29, 1998 and supersedes the delegation issued to the
Associate Chief Counsel/Director of the ODRA on March 27, 2000. This
delegation does not preclude the Associate Chief Counsel/Director of
the ODRA from requesting, in any matter before the ODRA, that the order
setting forth the final decision of the FAA be executed by the
Administrator.
Issued in Washington, DC, on March 10, 2004.
Andrew B. Steinberg,
Chief Counsel.
[FR Doc. 04-7490 Filed 4-1-04; 8:45 am]
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