[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR17.13]



[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. 17.13  Dispute resolution process for protests.



    (a) Protests concerning FAA SIRs or contract awards shall be 

resolved pursuant to this part.

    (b) The offeror initially should attempt to resolve any issues 

concerning potential protests with the CO. The CO, in coordination with 

FAA legal counsel, will make reasonable efforts to answer questions 

promptly and completely, and, where possible, to resolve concerns or 

controversies.

    (c) Offerors or prospective offerors shall file a protest with the 

Office of Dispute Resolution for Acquisition in accordance with Sec. 

17.15. The protest time limitations set forth in Sec. 17.15 will not be 

extended by attempts to resolve a potential protest with the CO. Other 

than the time limitations specified in Sec. 17.15 for the filing of 

protests, the Office of Dispute Resolution for Acquisition retains the 

discretion to modify any time constraints imposed in connection with 

protests.

    (d) In accordance with Sec. 17.17, the Office of Dispute Resolution 

for Acquisition shall convene a status conference for the protest. Under 

the procedures set forth in that section, the parties generally will 

either decide to utilize Alternative Dispute Resolution (ADR) techniques 

to resolve the protest, pursuant to subpart D of this part, or they



[[Page 105]]



will proceed under the Default Adjudicative Process set forth in subpart 

E of this part. However, as provided in Sec. 17.31(c), informal ADR 

techniques may be utilized simultaneously with ongoing adjudication.

    (e) The Office of Dispute Resolution for Acquisition Director shall 

designate Dispute Resolution Officers (DROs) or Special Masters for 

protests.

    (f) Multiple protests concerning the same SIR, solicitation, or 

contract award may be consolidated at the discretion of the Office of 

Dispute Resolution for Acquisition, and assigned to a single DRO or 

Special Master for adjudication.

    (g) Procurement activities, and, where applicable, contractor 

performance pending resolution of a protest shall continue during the 

pendency of a protest, unless there is a compelling reason to suspend or 

delay all or part of the procurement activities. Pursuant to Sec. Sec. 

17.15(d) and 17.17(b), the Office of Dispute Resolution for Acquisition 

may recommend suspension of award or delay of contract performance, in 

whole or in part, for a compelling reason. A decision to suspend or 

delay procurement activities or contractor performance would be made in 

writing by the FAA Administrator or the Administrator's delegee.