[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: 14CFR17.9]



[Page 104]

 

                     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 A_General

 

Sec. 17.9  Protective orders.



    (a) The Office of Dispute Resolution for Acquisition may issue 

protective orders addressing the treatment of protected information, 

either at the request of a party or upon its own initiative. Such 

information may include proprietary, confidential, or source-selection-

sensitive material, or other information the release of which could 

result in a competitive advantage to one or more firms.

    (b) The terms of the Office of Dispute Resolution for Acquisition's 

standard protective order may be altered to suit particular 

circumstances, by negotiation of the parties, subject to the approval of 

the Office of Dispute Resolution for Acquisition. The protective order 

establishes procedures for application for access to protected 

information, identification and safeguarding of that information, and 

submission of redacted copies of documents omitting protected 

information.

    (c) After a protective order has been issued, counsel or consultants 

retained by counsel appearing on behalf of a party may apply for access 

to the material under the order by submitting an application to the 

Office of Dispute Resolution for Acquisition, with copies furnished 

simultaneously to all parties. The application shall establish that the 

applicant is not involved in competitive decisionmaking for any firm 

that could gain a competitive advantage from access to the protected 

information and that the applicant will diligently protect any protected 

information received from inadvertent disclosure. Objections to an 

applicant's admission shall be raised within two (2) days of the 

application, although the Office of Dispute Resolution for Acquisition 

may consider objections raised after that time for good cause.

    (d) Any violation of the terms of a protective order may result in 

the imposition of sanctions or the taking of the actions as the Office 

of Dispute Resolution for Acquisition deems appropriate.

    (e) The parties are permitted to agree upon what material is to be 

covered by a protective order, subject to approval by the Office of 

Dispute Resolution for Acquisition.