114
14 CFR Ch. I (1–1–14 Edition)
§ 17.15
17.17(a), the ODRA may impose a tem-
porary suspension and recommend sus-
pension of award or contract perform-
ance, in whole or in part, for a compel-
ling reason. A decision to suspend pro-
curement activities or contractor per-
formance is made in writing by the Ad-
ministrator or the Administrator’s
delegee upon recommendation of the
ODRA.
§ 17.15
Filing a protest.
(a) An interested party may initiate
a protest by filing with the ODRA in
accordance with § 17.7(a) within the
timeframes set forth in this Section.
Protests that are not timely filed shall
be dismissed. The timeframes applica-
ble to the filing of protests are as fol-
lows:
(1) Protests based upon alleged SIR
or solicitation improprieties that are
apparent prior to bid opening or the
time set for receipt of initial proposals
shall be filed prior to bid opening or
the time set for the receipt of initial
proposals.
(2) In procurements where proposals
are requested, alleged improprieties
that do not exist in the initial solicita-
tion, but which are subsequently incor-
porated into the solicitation, must be
protested not later than the next clos-
ing time for receipt of proposals fol-
lowing the incorporation.
(3) For protests other than those re-
lated to alleged solicitation impropri-
eties, the protest must be filed on the
later of the following two dates:
(i) Not later than seven (7) business
days after the date the protester knew
or should have known of the grounds
for the protest; or
(ii) If the protester has requested a
post-award debriefing from the FAA
Product Team, not later than five (5)
business days after the date on which
the Product Team holds that debrief-
ing.
(b) Protests shall be filed at:
(1) ODRA, AGC–70, Federal Aviation
Administration, 800 Independence Ave-
nue, SW., Room 323, Washington, DC
20591; Telephone: (202) 267–3290, Fax:
(202) 267–3720; or
(2) Other address as shall be pub-
lished from time to time in the F
ED
-
ERAL
R
EGISTER
.
(c) A protest shall be in writing, and
set forth:
(1) The protester’s name, address,
telephone number, and FAX number;
(2) The name, address, telephone
number, and FAX number of the pro-
tester’s legal representative, and who
shall be duly authorized to represent
the protester, to be the point of con-
tact;
(3) The SIR number or, if available,
the contract number and the name of
the CO;
(4) The basis for the protester’s sta-
tus as an interested party;
(5) The facts supporting the timeli-
ness of the protest;
(6) Whether the protester requests a
protective order, the material to be
protected, and attach a redacted copy
of that material;
(7) A detailed statement of both the
legal and factual grounds of the pro-
test, and one (1) copy of each relevant
document;
(8) The remedy or remedies sought by
the protester, as set forth in § 17.23;
(9) The signature of the legal rep-
resentative, or another person duly au-
thorized to represent the protester.
(d) If the protester wishes to request
a suspension of the procurement or
contract performance, in whole or in
part, and believes that a compelling
reason(s) exists to suspend the procure-
ment or contract performance because
of the protested action, the protester
shall, in its initial filing:
(1) Set forth such compelling rea-
son(s), supply all facts and documents
supporting the protester’s position; and
(2) Demonstrate—
(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
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