98-24618. Organizations, Functions, And Authority Delegations: The Chief Counsel and Associate Chief Counsel/Director of the Office of Dispute Resolution for Acquisition

[Federal Register Volume 63, Number 177 (Monday, September 14, 1998)]
[Notices]
[Pages 49151-49152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24618]


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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.

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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 [phone]; facsimile [phone].

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]
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