[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR17.21]

[Page 104-105]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 17--PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES--Table of Contents
 
                           Subpart B--Protests
 
Sec. 17.21  Protest remedies.

    (a) The Office of Dispute Resolution for Acquisition has broad 
discretion to recommend remedies for a successful protest that are 
consistent with the AMS and applicable statutes. Such remedies may 
include, but are not limited to one or more, or a combination of, the 
following--
    (1) Amend the SIR;
    (2) Refrain from exercising options under the contract;
    (3) Issue a new SIR;
    (4) Require recompetition;
    (5) Terminate an existing contract for the FAA's convenience;
    (6) Direct an award to the protester;
    (7) Award bid and proposal costs; or
    (8) Any combination of the above remedies, or any other action 
consistent with the AMS that is appropriate under the circumstances.
    (b) In determining the appropriate recommendation, the Office of 
Dispute

[[Page 105]]

Resolution for Acquisition should consider the circumstances surrounding 
the procurement or proposed procurement including, but not limited to: 
the nature of the procurement deficiency; the degree of prejudice to 
other parties or to the integrity of the acquisition system; the good 
faith of the parties; the extent of performance completed; the cost of 
any proposed remedy to the FAA; the urgency of the procurement; and the 
impact of the recommendation on the FAA.
    (c) Attorney's fees of a prevailing protester are allowable to the 
extent permitted by the Equal Access to Justice Act, 5 U.S.C. 
504(a)(1)(EAJA).