[Federal Register: September 14, 1998 (Volume 63, Number 177)] [Notices] [Page 49151-49152] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr14se98-99] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Organizations, Functions, And Authority Delegations: The Chief Counsel and Associate Chief Counsel/Director of the Office of Dispute Resolution for Acquisition AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of delegation of authority. ----------------------------------------------------------------------- SUMMARY: The FAA is giving notice of specific delegations of authority from the Administrator to the Chief Counsel and Associate Chief Counsel/Director of the Office of Dispute Resolution for Acquisition regarding decision making authority in all dispute resolution actions involving solicitations issued and contracts entered into after April 1, 1996. The specific delegations are set forth in a memorandum signed by the Administrator on July 29, 1998, and supplement the general delegation of authority to the Office of Dispute Resolution for Acquisition contained in the FAA's Acquisition Management System. The FAA is publishing the text of the specific delegations so that it is available to interested parties. FOR FURTHER INFORMATION CONTACT: Marie A. Collins, Staff Attorney and Dispute Resolution Officer for the Office of Dispute Resolution for Acquisition (AGC-70), Federal Aviation Administration, 400 Seventh Street, SW, Room 8332, Washington, DC 20590; telephone (202) 366-6400; facsimile (202) 366-7400. SUPPLEMENTARY INFORMATION: Under the Department of Transportation and Related Agencies Appropriations Act of 1996, Pub. L. No. 104-50, 109 Stat. 436 (1995) (``Appropriations Act''), Congress directed the FAA to develop an acquisition system that addresses the mission and unique needs of the Agency and at a minimum, provides for more timely and cost-effective acquisition of equipment and materials. In the Appropriations Act, Congress expressly directed the FAA to create of the new acquisition system without reference to existing procurement statutes and regulations. The result was the development of the FAA's Acquisition Management System (``AMS'') and the establishment of the Office of Dispute Resolution for Acquisition (``ODRA''), which is independent of the FAA's procurement offices and counsel. The ODRA's mandate is to resolve bid protests and contract disputes in a timely and efficient manner, while emphasizing the use of alternative dispute resolution techniques to the maximum extent practicable. On August 25, 1998, a Notice of Proposed Rulemaking (``NPRM'') was published in the Federal Register proposing regulations for the conduct of protests and contract disputes under the AMS. The proposed regulation sets forth a general delegation of authority from the Administrator to the Director of the ODRA to conduct dispute resolution proceedings concerning acquisition matters. The specific delegations issued by the Administrator on July 29, 1998, are consistent with the general delegation of authority proposed in the NPRM. They enhance the ODRA's ability to operate efficiently and effectively in resolving bid protests or contract disputes by using Alternative Dispute Resolution (``ADR'') techniques or a default adjudicative process. The specific delegations also confirm the ODRA's authority to issue interlocutory orders and decisions. For example, they eliminate the need for the Administrator to review and consider minor, procedural or uncontested matters such as dismissals arising from settlements or voluntary withdrawals. The text of the specific delegations of authority signed by the Administrator, in pertinent part, states as follows: Under 49 U.S.C. Sec. 106(f)(2), 49 U.S.C. Secs. 46101, et seq., and Pub. L. No. 104-50, I delegate to the Chief Counsel and to the Associate Chief Counsel/ Director of the ODRA the authority of the FAA decisionmaker in all dispute resolution actions involving solicitations issued and contracts entered into after April 1, 1996, as follows: a. To administer individual protests and contract disputes and to appoint ODRA Dispute Resolution Officers and Special Masters to administer all or portions of individual protests and contract disputes; b. To deny motions for dismissal or summary relief which have been submitted to the ODRA by parties to protests or contract disputes; c. To grant or deny motions for partial dismissal or partial summary relief submitted to the ODRA by parties to protests or contract disputes, or to order such partial dismissals on its own initiative; d. To stay an award or the performance of a contract temporarily, for no more than ten (10) business days, pending an Administrator's decision on a more permanent stay. (This delegation will only be used in cases where the ODRA takes into account the views of both a protester and Agency counsel regarding the possible impact of a stay, finds compelling reasons which would justify a stay, and recommends a stay to the Administrator.); e. To dismiss protests or contract disputes, based on voluntary withdrawals by the parties which have instituted such proceedings; f. To dismiss protest or contract disputes, where the parties to such proceedings have achieved a settlement; g. To issue procedural and other interlocutory orders aimed a proper and efficient case management, including, without limitation, scheduling orders, subpoenas, sanctions orders for failure of discovery, and the like. h. To issue protective orders aimed at prohibiting the public dissemination of certain information and materials provided to the ODRA and opposing parties during the course of protest or contract dispute proceedings, including, but not limited to, documents or other materials reflecting trade secrets, confidential financial information and other proprietary or competition-sensitive data, as well as confidential Agency source selection information the disclosure of which might jeopardize future Agency procurement activities; i. To utilize ADR methods as the primary means of dispute resolution, in accordance with established Department of Transportation and FAA policies for using ADR to the maximum extent practicable; j. To designate ODRA Dispute Resolution Officers to engage with Agency program offices and contractors in voluntary mutual agreeable ADR efforts aimed at resolving acquisition related disputes at the earliest possible stage, even before any formal protest or contract dispute is formally filed with the ODRA; k. To take all other reasonable steps deemed necessary and proper for the management of the FAA Dispute Resolution System and for the resolution of protests or contract disputes, in accordance with the Acquisition Management System and applicable law. The Chief Counsel and Associate Chief Counsel/Director of the ODRA may redelegate the authority set forth above, in whole or in part, to an ODRA Dispute Resolution Officer or to a Special Master. The Federal Aviation Regulations shall be amended to incorporate this delegation of authority. [[Page 49152]] I am not delegating hereby final decision authority, other than for dismissals arising from settlements or voluntary withdrawals; nor final authority to stay awards or contract performance. Issued in Washington, DC, on July 29, 1998. Nicholas G. Garaufis, Chief Counsel. [FR Doc. 98-24618 Filed 9-11-98; 8:45 am] BILLING CODE 4920-13-M