Section 17.5

14 CFR Ch. I (1-1-19 Edition)

spaschal on DSK3GDR082PROD with CFR

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 Administrator, pursuant to the statutory authority granted by Public Law 108-176,
Section 224, to provide dispute resolution services and to adjudicate matters
within its jurisdiction. The ODRA may
also provide non-binding dispute resolution 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 intervenor(s).
(s) Pre-Disputes mean an issue(s) in
controversy concerning an FAA contract 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 contracting activity, without regard to
funding source, and includes the Contracting Officer (CO). The Product
Team, acting through assigned FAA
counsel, is responsible for all communications 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 offers concerning an approach to meeting
potential acquisition requirements established by the FAA.
(v) A Special Master is a non-FAA attorney or judge who has been assigned
by the ODRA to act as its finder of
fact, and to make findings and recommendations based upon AMS policy
and applicable law and authorities in
the Adjudicative Process.
Section 17.5 Delegation of authority.
(a) The authority of the Administrator to conduct dispute resolution
and adjudicative proceedings concerning acquisition matters is delegated to the Director of the ODRA.
(b) The Director of the ODRA may redelegate 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 dispute, including the imposition of sanctions for the filing of frivolous pleadings, making false statements, or other
disciplinary actions. See subpart F of
this part.
Section 17.7 Filing and computation of time.
(a) Filing of a protest or contract dispute 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 SectionSection 17.15(e) and
17.27(d).
(b) Submissions to the ODRA after
the initial filing of a protest or contract dispute may be accomplished by
any means available in paragraph (a) of
this section. Copies of all such submissions 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 Government 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 Federal holiday, the first business day following 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 permitting electronic filing.
Section 17.9 Protective orders.
(a) The ODRA may issue protective
orders addressing the treatment of protected information, including protected information in electronic form,
either at the request of a party or upon
its own initiative. Such information

116

VerDate Sep<11>2014

12:50 Apr 30, 2019

Jkt 247046

PO 00000

Frm 00126

Fmt 8010

Sfmt 8010

Y:\SGML\247046.XXX

247046