spaschal on DSK3GDR082PROD with CFR

Federal Aviation Administration, DOT

Section 17.21

(d) The Product Team response to the
protest will be due to be filed and
served ten (10) business days from the
commencement of the ODRA Adjudication process. The Product Team response shall consist of a written chronological, supported statement of proposed 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, individually tabbed,
and certified as authentic and complete. 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 ODRA. In
all cases, the Product Team shall indicate the method of service used.
(e) Comments of the protester and
the intervenor on the Product Team response will be due to be filed and
served five (5) business days after their
receipt of the response. Copies of such
comments shall be provided to the
other participating parties by the same
means and on the same date as they
are furnished to the ODRA. Comments
may include any supplemental relevant
documents.
(f) The ODRA may alter the schedule
for filing of the Product Team response
and the comments for good cause or to
accommodate the circumstances of a
particular protest.
(g) The DRO or Special Master may
convene the parties and/or their representatives, as needed for the Adjudicative Process.
(h) If, in the sole judgment of the
DRO or Special Master, the parties
have presented written material sufficient to allow the protest to be decided
on the record presented, the DRO or
Special Master shall have the discretion to decide the protest on that basis.
(i) The parties may engage in limited, focused discovery with one another and, if justified, with non-parties, so as to obtain information relevant to the allegations of the protest.
(1) The DRO or Special Master shall
manage the discovery process, including limiting its length and availability,
and shall establish schedules and deadlines for discovery, which are consistent with timeframes established in
this part and with the FAA policy of

providing fair and expeditious dispute
resolution.
(2) The DRO or Special Master may
also direct the parties to exchange, in
an expedited manner, relevant, nonprivileged documents.
(3) Where justified, the DRO or Special Master may direct the taking of
deposition testimony, however, the
FAA dispute resolution process does
not contemplate extensive discovery.
(4) The use of interrogatories and requests for admission is not permitted
in ODRA bid protests.
(5) Where parties cannot voluntarily
reach agreement on a discovery-related
issue, they may timely seek assistance
from an ODRA ADR neutral or may file
an appropriate motion with the ODRA.
Parties may request a subpoena.
(6) Discovery requests and responses
are not part of the record and will not
be filed with the ODRA, except in connection with a motion or other permissible filing.
(7) Unless timely objection is made,
documents properly filed with the
ODRA will be deemed admitted into
the administrative record.
(j) Hearings are not typically held in
bid protests. The DRO or Special Master may conduct hearings, and may
limit the hearings to the testimony of
specific witnesses and/or presentations
regarding specific issues. The DRO or
Special Master shall control the nature
and conduct of all hearings, including
the sequence and extent of any testimony. Hearings will be conducted:
(1) Where the DRO or Special Master
determines that there are complex factual issues in dispute that cannot adequately or efficiently be developed
solely by means of written presentations and/or that resolution of the
controversy will be dependent on his/
her assessment of the credibility of
statements provided by individuals
with first-hand knowledge of the facts;
or
(2) Upon request of any party to the
protest, unless the DRO or Special
Master finds specifically that a hearing
is unnecessary and that no party will
be prejudiced by limiting the record in
the adjudication to the parties- written
submissions. All witnesses at any such
hearing shall be subject to cross-examination by the opposing party and to

121

VerDate Sep<11>2014

12:50 Apr 30, 2019

Jkt 247046

PO 00000

Frm 00131

Fmt 8010

Sfmt 8010

Y:\SGML\247046.XXX

247046