
[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Notices]
[Pages 21832-21833]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08776]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2014-0237]


Delegation of Authority

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Revised Delegation of Authority.

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SUMMARY: The Federal Aviation Administration (FAA) gives notice that 
the FAA Administrator has issued a Revised Delegation of Authority to 
the Office of Dispute Resolution for Acquisition (ODRA) that modifies 
the existing Delegation of authority dated October 12, 2011. The FAA is 
publishing the text of the Revised Delegation of Authority, executed on 
March 19, 2014, 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, Public Law 104-50, 109 Stat. 436 (November 15, 
1995), 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.'' 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 (61 FR 24348). 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) (64 FR 32926). In addition to 
the rules of procedures, the 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 (see 63 FR 49151, 65 
FR 19958-01, 69 FR 17469-02). Congress provided further confirmation as 
to the FAA's dispute resolution authority in the Vision 100-Century of 
Aviation Reauthorization Act of 2003, Public Law 108-176, 117 
Stat.2490, (2003 Reauthorization Act), which expressly provided the 
ODRA with exclusive jurisdiction over bid protests and contract 
disputes under the AMS. 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, 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 published a notice of proposed 
rulemaking to reorganize and streamline the existing Procedures for 
Protests and Contracts Dispute, and harmonize them with current 
statutory and other authority (76 FR 2035). On September 7, 2011, the 
FAA adopted the proposed rule, publishing it as a final rule in the 
Federal Register, with an effective date of October 7, 2011 (76 FR 
55217). On October 12, 2011, the FAA Administrator designated the 
Director and Dispute Resolution Officers of the ODRA as Administrative 
Judges for all matters within the ODRA's jurisdiction; and delegated 
authority to the ODRA that superseded and replaced previous delegations 
of authority (76 FR 70527-02). On March 19, 2014, the Administrator 
executed a Revised Delegation of Authority that modifies the October 
12, 2011 Delegation of Authority by replacing paragraph ``i'' of that 
Delegation with the following paragraph:

    To execute and issue, on behalf of the Administrator, final 
Agency 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, 
including any option years, of not more than twenty million dollars 
($20,000,000.00); (2) a contract dispute involving a total amount to 
be adjudicated, exclusive of interest, legal fees or costs, of not 
more than ten million dollars ($10,000,000.00); or (3) contests 
arising from public-private competitions under OMB Circular A-76. 
The dollar value limitations of this paragraph do not apply to 
orders issued pursuant to Paragraph b. hereof. 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.

    The Revised Delegation further provides that all provisions of the 
October 12, 2011 Delegation not expressly modified by the Revised 
Delegation of Authority remain in full force and effect.


[[Page 21833]]


    Issued in Washington, DC, on April 11, 2014.
Jerome M. Mellody,
Acting Chief Counsel.
[FR Doc. 2014-08776 Filed 4-16-14; 8:45 am]
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