119 

Federal Aviation Administration, DOT 

§ 17.17 

(i) The protester has alleged a sub-

stantial case; 

(ii) The lack of a suspension would be 

likely to cause irreparable injury; 

(iii) The relative hardships on the 

parties favor a suspension; and 

(iv) That a suspension is in the public 

interest. 

(3) Failure of a protester to provide 

information or documents in support of 
a requested suspension or failure to ad-
dress the elements of paragraph (d)(2) 
of this section may result in the sum-
mary rejection of the request for sus-
pension, or a requirement that the pro-
tester supplement its request prior to 
the scheduling of a Product Team re-
sponse to the request under § 17.17(a). 

(e) Concurrent with the filing of a 

protest with the ODRA, 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 re-
ceived by the CO on the same day as it 
is to be received by the ODRA. The pro-
test shall include a signed statement 
from the protester, certifying to the 
ODRA 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 notify the awardee of a chal-
lenged contract award in writing of the 
existence of the protest. The awardee 
and/or interested parties shall notify 
the ODRA in writing, of their interest 
in participating in the protest as inter-
venors within two (2) business days of 
receipt of the CO’s notification, and 
shall, in such notice, designate a per-
son as the point of contact for the 
ODRA. 

(g) The ODRA has discretion to des-

ignate the parties who shall participate 
in the protest as intervenors. In pro-
tests of awarded contracts, only the 
awardee may participate as an inter-
venor as a matter of right. 

[76 FR 55221, Sept. 7, 2011, as amended by 
Doc. No. FAA–2017–0075, 82 FR 14429, Mar. 21, 
2017] 

§ 17.17

Initial protest procedures. 

(a) If, as part of its initial protest fil-

ing, the protester requests a suspension 
of procurement activities or contractor 
performance in whole or in part, in ac-

cordance with § 17.15(d), the Product 
Team shall submit a response to the re-
quest to the ODRA by no later than the 
close of business on the date of the ini-
tial scheduling conference or on such 
other date as is established by the 
ODRA. Copies of the response shall be 
furnished to the protester and any in-
tervenor(s) so as to be received within 
the same timeframe. The protester and 
any intervenor(s) shall have the oppor-
tunity of providing additional com-
ments on the response within two (2) 
business days of receiving it. Based on 
its review of such submissions, the 
ODRA, in its discretion, may— 

(1) Decline the suspension request; or 
(2) Recommend such suspension to 

the Administrator or the Administra-
tor’s designee. The ODRA also may im-
pose a temporary suspension of no 
more than ten (10) business days, where 
it is recommending that the Adminis-
trator impose a suspension. 

(b) Within five (5) business days of 

the filing of a protest, or as soon there-
after as practicable, the ODRA shall 
convene an initial status conference for 
purposes of: 

(1) Reviewing the ODRA’s ADR and 

adjudication procedures and estab-
lishing a preliminary schedule; 

(2) Identifying legal or other prelimi-

nary or potentially dispositive issues 
and answering the parties’ questions 
regarding the ODRA process; 

(3) Dealing with issues related to pro-

tected information and the issuance of 
any needed protective order; 

(4) Encouraging the parties to con-

sider using ADR; 

(5) Appointing a DRO as a potential 

ADR neutral to assist the parties in 
considering ADR options and devel-
oping an ADR agreement; and 

(6) For any other reason deemed ap-

propriate by the DRO or by the ODRA. 

(c) The Product Team and protester 

will have five (5) business days from 
the date of the initial status con-
ference to decide whether they will at-
tempt to use an ADR process in the 
case. With the agreement of the ODRA, 
ADR may be used concurrently with 
the adjudication of a protest. See 
§ 17.37(e). 

(d) If the Product Team and protester 

elect to use ADR proceedings to resolve 
the protest, they will agree upon the 

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