Federal Aviation Administration, DOT

Section 17.13

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 ODRA-s standard
protective order may be altered to suit
particular circumstances, by negotiation of the parties, subject to the approval of the ODRA. 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 ODRA, with copies
furnished simultaneously to all parties.
The application shall establish that the
applicant is not involved in competitive decision-making 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
ODRA 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, including but not
limited to removal of the violator from
the protective order and reporting of
the violator to his or her bar association(s), and the taking of other actions
as the ODRA deems appropriate. Additional civil or criminal penalties may
apply.

spaschal on DSK3GDR082PROD with CFR

Subpart B - Protests
Section 17.11 Matters not subject to protest.
The following matters may not be
protested before the ODRA, except for
review of compliance with the AMS:
(a) FAA purchases from or through,
State, local, and tribal governments
and public authorities;
(b) FAA purchases from or through
other Federal agencies;
(c) Grants;

(d) Cooperative agreements;
(e) Other transactions.
Section 17.13 Dispute resolution process for
protests.
(a) Protests concerning FAA SIRs,
solicitations, or contract awards shall
be resolved pursuant to this part.
(b) Potential protestors should,
where possible, attempt to resolve any
issues concerning potential protests
with the CO. Such attempts are not a
prerequisite to filing a protest with the
ODRA.
(c) Offerors or prospective offerors
shall file a protest with the ODRA in
accordance with Section 17.15. The protest
time limitations set forth in Section 17.15 will
not be extended by attempts to resolve
a potential protest with the CO. Other
than the time limitations specified in
Section 17.15 for the filing of protests, the
ODRA retains the discretion to modify
any timeframes established herein in
connection with protests.
(d) In accordance with Section 17.17(b), the
ODRA shall convene an initial status
conference for the purpose of scheduling proceedings in the protest and to
encourage the parties to consider using
the ODRA-s ADR process to attempt to
resolve the protest, pursuant to subpart D of this part. It is the Agency-s
policy to use voluntary ADR to the
maximum extent practicable. If the
parties elect not to attempt ADR, or if
ADR efforts do not completely resolve
the protest, the protest will proceed
under the ODRA Adjudicative Process
set forth in subpart E of this part. Informal ADR techniques may be utilized
simultaneously with ongoing adjudication.
(e) The ODRA Director shall designate DROs, outside neutrals or Special Masters as potential neutrals for
the resolution of protests through
ADR. The ultimate choice of an ADR
neutral is made by the parties participating in the ADR. The ODRA Director
also shall, at his or her sole discretion,
designate an adjudicating DRO or Special Master for each matter. A person
serving as a neutral in an ADR effort
in a matter, shall not serve as an adjudicating DRO or Special Master for
that matter.
(f) Multiple protests concerning the
same SIR, solicitation, or contract

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