116 

14 CFR Ch. I (1–1–19 Edition) 

§ 17.5 

by the parties to act as a facilitator, 
mediator, arbitrator, or otherwise to 
aid the parties in resolving a protest or 
contract dispute. A neutral can be a 
DRO or a person not an employee of 
the ODRA. 

(q) 

ODRA 

is the FAA’s exclusive 

forum acting on behalf of the Adminis-
trator, pursuant to the statutory au-
thority granted by Public Law 108–176, 
Section 224, to provide dispute resolu-
tion services and to adjudicate matters 
within its jurisdiction. The ODRA may 
also provide non-binding dispute reso-
lution services in matters outside of its 
jurisdiction where mutually requested 
to do so by the parties involved. 

(r) 

Parties 

include the protester(s) or 

the contractor, the FAA, and any in-
tervenor(s). 

(s) 

Pre-Disputes 

mean an issue(s) in 

controversy concerning an FAA con-
tract or solicitation that, by mutual 
agreement of the parties, is filed with 
the ODRA. See subpart G of this part. 

(t) 

Product Team, 

as used in these 

rules, refers to the FAA organization(s) 
responsible for the procurement or con-
tracting activity, without regard to 
funding source, and includes the Con-
tracting Officer (CO). The Product 
Team, acting through assigned FAA 
counsel, is responsible for all commu-
nications with and submissions to the 
ODRA in pending matters. 

(u) 

Screening Information Request 

(SIR 

or Solicitation) means a request by the 
FAA for documentation, information, 
presentations, proposals, or binding of-
fers concerning an approach to meeting 
potential acquisition requirements es-
tablished by the FAA. 

(v) A 

Special Master 

is a non-FAA at-

torney or judge who has been assigned 
by the ODRA to act as its finder of 
fact, and to make findings and rec-
ommendations based upon AMS policy 
and applicable law and authorities in 
the Adjudicative Process. 

§ 17.5

Delegation of authority. 

(a) The authority of the Adminis-

trator to conduct dispute resolution 
and adjudicative proceedings con-
cerning acquisition matters is dele-
gated to the Director of the ODRA. 

(b) The Director of the ODRA may re-

delegate to Special Masters and DROs 
such delegated authority in paragraph 

(a) of this section as deemed necessary 
by the Director for efficient resolution 
of an assigned protest or contract dis-
pute, including the imposition of sanc-
tions for the filing of frivolous plead-
ings, making false statements, or other 
disciplinary actions. See subpart F of 
this part. 

§ 17.7

Filing and computation of time. 

(a) Filing of a protest or contract dis-

pute may be accomplished by overnight 
delivery, by hand delivery, by Fax, or, 
if permitted by Order of the ODRA, by 
electronic filing. A protest or contract 
dispute is considered to be filed on the 
date it is received by the ODRA during 
normal business hours. The ODRA’s 
normal business hours are from 8:30 
a.m. to 5 p.m. Eastern Time. A protest 
or contract dispute received after the 
time period prescribed for filing shall 
not be considered timely filed. Service 
shall also be made on the Contracting 
Officer (CO) pursuant to §§ 17.15(e) and 
17.27(d). 

(b) Submissions to the ODRA after 

the initial filing of a protest or con-
tract dispute may be accomplished by 
any means available in paragraph (a) of 
this section. Copies of all such submis-
sions shall be served on the opposing 
party or parties. 

(c) The time limits stated in this part 

are calculated in business days, which 
exclude weekends, Federal holidays 
and other days on which Federal Gov-
ernment offices in Washington, DC are 
not open. In computing time, the day 
of the event beginning a period of time 
shall not be included. If the last day of 
a period falls on a weekend or a Fed-
eral holiday, the first business day fol-
lowing the weekend or holiday shall be 
considered the last day of the period. 

(d) Electronic Filing—Procedures for 

electronic filing may be utilized where 
permitted by Order of the ODRA on a 
case-by-case basis or pursuant to a 
Standing Order of the ODRA permit-
ting electronic filing. 

§ 17.9

Protective orders. 

(a) The ODRA may issue protective 

orders addressing the treatment of pro-
tected information, including pro-
tected information in electronic form, 
either at the request of a party or upon 
its own initiative. Such information 

VerDate Sep<11>2014 

12:50 Apr 30, 2019

Jkt 247046

PO 00000

Frm 00126

Fmt 8010

Sfmt 8010

Y:\SGML\247046.XXX

247046

spaschal on DSK3GDR082PROD with CFR