Designation of Administrative Judges and Delegation of Authority, 70529-70530 [2011-29336]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Notices]
[Pages 70529-70530]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29336]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2011-1243]


Designation of Administrative Judges and Delegation of Authority

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) gives notice that 
the FAA Administrator has: designated the Director and Dispute 
Resolution Officers of the Office of Dispute Resolution for Acquisition 
(ODRA) as Administrative Judges for all matters within the ODRA's 
jurisdiction; and delegated authority to the ODRA that supersedes and 
replaces previous delegations of authority. The FAA is publishing the 
text of the Designation and Delegation, executed on October 12, 2011, 
so that it is available to interested parties.

FOR FURTHER INFORMATION CONTACT: Marie A. Collins, Dispute Resolution 
Officer and Administrative Judge for the Office of Dispute Resolution 
for Acquisition (AGC-70), Federal Aviation Administration, 800 
Independence Street SW., Room 323, Washington, DC 20591; telephone 
(202) 267-3290; facsimile (202) 267-3720.

SUPPLEMENTARY INFORMATION: 

Background

    In 1995 Congress, through the Department of Transportation 
Appropriations Act, directed the FAA ``to develop and implement, not 
later than April 1, 1996, an acquisition management system that 
addressed the unique needs of the agency and, at a minimum, provided 
for more timely and cost effective acquisitions of equipment and 
materials.'' \1\ In response, the FAA developed the Acquisition 
Management System (AMS), a system of policy guidance for the management 
of FAA procurement, and as a part of the AMS, created the Office of 
Dispute Resolution for Acquisition (ODRA) to facilitate the 
Administrator's review of procurement protests and contract 
disputes.\2\ Subsequently, the FAA promulgated rules of procedure 
governing the ODRA's dispute resolution process by publishing a final 
rule entitled, Procedures for Protests and Contract Disputes; Amendment 
of Equal Access to Justice Act Regulations (effective June 28, 
1999).\3\ In addition to the rules of procedures, ODRA operates 
pursuant to a series of delegations of authority from the 
Administrator. Over time, the authority delegated to the ODRA by the 
Administrator expanded to include the authority of the ODRA Director, 
among other things, ``to execute and issue, on behalf of the 
Administrator, Orders and Final Decisions for the Administrator in all 
matters'' under the ODRA's jurisdiction valued at not more than $10 
Million.\4\ Congress provided further confirmation as to the FAA's 
dispute resolution authority in the Vision 100-Century of Aviation 
Reauthorization Act of 2003 (2003 Reauthorization Act), which expressly 
provided the ODRA with exclusive jurisdiction over bid protests and 
contract disputes under the AMS.\5\ Specifically, the 2003 
Reauthorization Act provided at Subsection (b)(2)(4), under the title 
``Adjudication of Certain Bid Protests and Contract Disputes,'' that 
``[a] bid protest or contract dispute that is not addressed or resolved 
through alternative dispute resolution shall be adjudicated by the 
Administrator,

[[Page 70530]]

through Dispute Resolution Officers or Special Masters of the Federal 
Aviation Administration Office of Dispute Resolution for Acquisition, 
acting pursuant to Sections 46102, 46104, 46105, 46106 and 46107 and 
shall be subject to judicial review under Section 46110 and Section 504 
of Title 5.'' On January 12, 2011, the FAA proposed to update and 
streamline the ODRA's procedural rules by publishing a notice of 
proposed rulemaking in the Federal Register amended Procedures for 
Protests and Contracts Dispute (76 FR 2035) which, among other things, 
reorganized and streamlined the rules, and harmonized them with current 
statutory and other authority. On September 7, 2011, the FAA adopted 
the proposed rule, publishing it as a final rule (76 FR 55217) in the 
Federal Register, with an effective date of October 7, 2011. The full 
text of the FAA Administrator's October 12, 2011 Designation and 
Delegation provides as follows:
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    \1\ Public Law 104-50, 109 Stat. 436 (November 15, 1995).
    \2\ 61 FR 24348; May 14, 1996.
    \3\ 64 FR 32926; June 18, 1999.
    \4\ See 63 FR 49151, September 14, 1998; 65 FR 19958-01, April 
13, 2000; 69 FR 17469-02, April 2, 2004.
    \5\ See Public Law 108-176, Sec.  224(b), 117 Stat. 2490, 2528 
(codified as amended at 49 U.S.C. 40110(d)(4)).
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    In furtherance of an efficient FAA acquisition dispute resolution 
process, pursuant to 49 U.S.C. 106(f)(2), Sec. Sec.  40101, et seq., 
46101, et. seq., 40110 and 14 CFR part 17, I hereby designate the 
Director and the Dispute Resolution Officers of the Office of Dispute 
Resolution for Acquisition (``ODRA'') as Administrative Judges for all 
matters within the ODRA's jurisdiction and hereby delegate authority to 
the ODRA Director as follows:
    a. To administer and conduct proceedings in individual bid 
protests, contract disputes and Circular A-76 contests, to appoint ODRA 
Dispute Resolution Officers/Administrative Judges and Special Masters 
to adjudicate all or portions of individual bid protests, contract 
disputes and contests; and to prepare findings and recommendations as 
well as proposed final orders in such cases;
    b. To grant or deny dismissal or summary relief in bid protests, 
contract disputes or contests;
    c. 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 permanent stay. A stay will only be ordered by the ODRA 
in cases where the ODRA, based on the submissions of the parties, finds 
compelling reasons which would justify a stay, and recommends a stay to 
the Administrator;
    d. To dismiss bid protests, contract disputes or contests, based on 
settlement agreements or voluntary withdrawals by the parties that 
instituted such proceedings;
    e. To issue procedural and other interlocutory orders aimed at 
proper and efficient case management, including, without limitation, 
scheduling orders, subpoenas, sanctions orders for failure of 
discovery, and the like;
    f. 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 bid protest, contract dispute 
or contest 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;
    g. To utilize voluntary alternative dispute resolution (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;
    h. To appoint ODRA Dispute Resolution Officers/Administrative 
Judges and Special Masters to engage with parties in voluntary, 
mutually agreeable ADR efforts aimed at resolving acquisition related 
disputes at the earliest possible stage, even before any formal 
protest, contract dispute or contest is filed with the ODRA;
    i. To execute and issue, on behalf of the Administrator, final FAA 
decisions and orders in all matters within the ODRA's jurisdiction, 
provided that such matters involve either: (1) A bid protest concerning 
an acquisition having a minimum dollar value of not more than ten 
million dollars ($10,000,000.00); or (2) a contract dispute involving a 
total amount to be adjudicated, exclusive of interest, legal fees or 
costs, or not more than ten million dollars ($10,000,000.00). This 
Delegation does not preclude the Director of the ODRA from requesting, 
in any matter before the ODRA, that the order setting forth the final 
decision of the FAA be executed by the Administrator;
    j. To execute and issue orders and final decisions on behalf of the 
Administrator for any applications made pursuant to the Equal Access to 
Justice Act for matters within the ODRA's jurisdiction;
    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 bid protests, contract disputes, or contests, in 
accordance with the Acquisition Management System and applicable law.
    The foregoing authority may be re-delegated by the Director to ODRA 
Dispute Resolution Officers/Administrative Judges and to Special 
Masters. This Delegation supersedes and replaces the Delegations issued 
to the Director of the ODRA on July 29, 1998, March 27, 2000, March 10, 
2004 (Delegation), March 10, 2004 (OMB Circular A-76 Delegation), and 
March 31, 2010.

    Issued in Washington, DC, on October 12, 2011.
Marc L. Warren,
Acting Chief Counsel.
[FR Doc. 2011-29336 Filed 11-10-11; 8:45 am]
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