[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR17.15]

[Page 108-109]
 
                     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 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

[[Page 109]]

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]