[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: 14CFR17.17]

[Page 109-110]
 
                     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 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.

[[Page 110]]

    (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.