[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: 14CFR17.17]



[Page 106-107]

 

                     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. 17.17  Initial protest procedures.



    (a) If, as part of a protest, the protester requests a suspension or 

delay of procurement, in whole or in part, pursuant to Sec. 17.15(d), 

the Product Team shall submit a response to the request to the Office of 

Dispute Resolution for Acquisition within two (2) business days of 

receipt of the protest. Copies of the response shall be furnished to the 

protester and any intervenor(s) so as to be received within the same two 

(2) business days. The protester and any intervenor(s) shall have the 

opportunity of providing additional comments on the response within an 

additional period of two (2) business days. Based on its review of such 

submissions, the Office of Dispute Resolution for Acquisition, in its 

discretion, may recommend such suspension or delay to the Administrator 

or the Administrator's designee.

    (b) Within five (5) business days of the filing of a protest, or as 

soon thereafter as practicable, the Office of Dispute Resolution for 

Acquisition shall convene a status conference to--

    (1) Review procedures;

    (2) Identify and develop issues related to summary dismissal and 

suspension recommendations;

    (3) Handle issues related to protected information and the issuance 

of any needed protective order;

    (4) Encourage the parties to use ADR;

    (5) Conduct or arrange for early neutral evaluation of the protest 

by a DRO or Neutral or Compensated Neutral, at the discretion of the 

Office of Dispute Resolution for Acquisition and/or based upon the 

agreement or request of any party(ies) seeking such evaluation; and

    (6) For any other reason deemed appropriate by the DRO or by the 

Office of Dispute Resolution for Acquisition.

    (c) On the fifth business day following the status conference, the 

Product Team and protester will file with the Office of Dispute 

Resolution for Acquisition--

    (1) A joint statement that they have decided to pursue ADR 

proceedings in



[[Page 107]]



lieu of adjudication in order to resolve the protest; or

    (2) Joint or separate written explanations as to why ADR proceedings 

will not be used and why the Default Adjudicative Process will be 

needed.

    (d) Should the Product Team and protester elect to utilize ADR 

proceedings to resolve the protest, they will agree upon the neutral to 

conduct the ADR proceedings (either an Office of Dispute Resolution for 

Acquisition-designated Neutral or a Compensated Neutral of their own 

choosing) pursuant to Sec. 17.33(c), and shall execute and file with 

the Office of Dispute Resolution for Acquisition a written ADR agreement 

within five (5) business days after the status conference. Agreement of 

any intervenor(s) to the use of ADR or the resolution of a dispute 

through ADR shall not be required.

    (e) Should the Product Team or protester indicate at the status 

conference that ADR proceedings will not be used, then within ten (10) 

business days following the status conference, the Product Team will 

file with the Office of Dispute Resolution for Acquisition a Product 

Team Response to the protest. The Office of Dispute Resolution for 

Acquisition may alter the schedule for filing of the Product Team 

Response to accommodate the requirements of a particular protest.

    (f) The Product Team Response shall consist of a written 

chronological statement of pertinent facts, and a written presentation 

of applicable legal or other defenses. The Product Team Response shall 

cite to and be accompanied by all relevant documents, which shall be 

chronologically indexed and tabbed. A copy of the response shall be 

furnished so as to be received by the protester and any intervenor(s) on 

the same date it is filed with the Office of Dispute Resolution for 

Acquisition, if practicable, but in any event no later than one (1) 

business day after the date if it is filed with the Office of Dispute 

Resolution for Acquisition. In all cases, the Product Team shall 

indicate the method of service used.

    (g) Should the parties pursue ADR proceedings under subpart D of 

this part and fail to achieve a complete resolution of the protest via 

ADR, the Office of Dispute Resolution for Acquisition, upon notification 

of that fact by any of the parties, shall designate a DRO or Special 

Master for purposes of adjudication under subpart E of this part, and 

the DRO or Special Master shall convene a status conference, wherein he/

she shall establish a schedule for the filing of the Product Team 

Response and further submissions.

    (h) Upon submission of the Product Team Response, the protest will 

proceed under the Default Adjudicative Process pursuant to Sec. 17.37.

    (i) The time limitations of this section maybe extended by the 

Office of Dispute Resolution for Acquisition for good cause.