[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: 14CFR17.15]



[Page 105-106]

 

                     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. 17.15  Filing a protest.



    (a) Only an interested party may file a protest, and shall initiate 

a protest by filing a written protest with the Office of Dispute 

Resolution for Acquisition within the times set forth below, or the 

protest shall be dismissed as untimely:

    (1) Protests based upon alleged improprieties in a solicitation or a 

SIR 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 solicitation, but which 

are subsequently incorporated into the solicitation, must be protested 

not later than the next closing time for receipt of proposals following 

the incorporation;

    (3) For protests other than those related to alleged solicitation 

improprieties, 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 debriefing.

    (b) Protest shall be filed at:

    (1) Office of Dispute Resolution for Acquisition, AGC-70, Federal 

Aviation Administration, 400 7th Street, SW., Room 8332, Washington, DC 

20590, Telephone: (202) 366-6400, Facsimile: (202) 366-7400; or

    (2) Other address as shall be published from time to time in the 

Federal Register.

    (c) A Protest shall be in writing, and set forth:

    (1) The protester's name, address, telephone number, and facsimile 

(FAX) number;

    (2) The name, address, telephone number, and FAX number of a person 

designated by the protester (Protester Designee), and who shall be duly 

authorized to represent the protester, to be the point of contact;

    (3) The SIR number or, if available, the contract number and the 

name of the CO;

    (4) The basis for the protester's status as an interested party;

    (5) The facts supporting the timeliness 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 protest, and attach one (1) copy of each relevant document;

    (8) The remedy or remedies sought by the protester, as set forth in 

Sec. 17.21;

    (9) The signature of the Protester Designee, or another person duly 

authorized to represent the protester.

    (d) If the protester wishes to request a suspension or delay of the 

procurement, in whole or in part, and believes there are compelling 

reasons that, if



[[Page 106]]



known to the FAA, would cause the FAA to suspend or delay the 

procurement because of the protested action, the protester shall:

    (1) Set forth each such compelling reason, supply all facts 

supporting the protester's position, identify each person with knowledge 

of the facts supporting each compelling reason, and identify all 

documents that support each compelling reason.

    (2) Clearly identify any adverse consequences to the protester, the 

FAA, or any interested party, should the FAA not suspend or delay the 

procurement.

    (e) At the same time as filing the protest with the Office of 

Dispute Resolution for Acquisition, 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 received by the 

CO on the same day as it is to be received by the Office of Dispute 

Resolution for Acquisition. The protest shall include a signed statement 

from the protester, certifying to the Office of Dispute Resolution for 

Acquisition 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 inform the Office of 

Dispute Resolution for Acquisition of the names, addresses, and 

telephone and facsimile numbers of the awardee and/or other interested 

parties, if known, and shall, in such notice, designate a person as the 

point of contact for the Office of Dispute Resolution for Acquisition by 

facsimile. The CO shall also notify the awardee and/or interested 

parties in writing of the existence of the protest the same day as the 

CO provides the foregoing information to the Office of Dispute 

Resolution for Acquisition. The awardee and/or interested parties shall 

notify the ODRA in writing, of their interest in participating in the 

protest as intervenors within two (2) business days of receipt of the 

CO's notification, and shall, in such notice, designate a person as the 

point of contact for the ODRA. Such notice may be submitted to the ODRA 

by facsimile.

    (g) The Office of Dispute Resolution for Acquisition has discretion 

to designate the parties who shall participate in the protest as 

intervenors. For awarded contracts, only the awardee may participate as 

an intervenor.



[Doc. No. FAA-1998-4379, 64 FR 32936, June 18, 1999; 64 FR 47362, Aug. 

31, 1999]