115 

Federal Aviation Administration, DOT 

§ 17.17 

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. 

§ 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 
neutral to conduct the ADR pro-
ceedings (either an ODRA DRO or a 
compensated neutral of their own 
choosing) pursuant to § 17.37, and shall 
execute and file with the ODRA a writ-
ten ADR agreement. Agreement of any 
intervenor(s) to the use of ADR or the 
resolution of a dispute through ADR 
shall not be required. 

(e) If the Product Team or protester 

indicate that ADR proceedings will not 
be used, or if ADR is not successful in 
resolving the entire protest, the ODRA 
Director upon being informed of the 
situation, will schedule an adjudication 
of the protest. 

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