[Federal Register Volume 65, Number 72 (Thursday, April 13, 2000)]
[Notices]
[Page 19958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9146]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-1998-4379]


Delegation of Authority

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of delegation of authority.

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SUMMARY: The FAA is giving notice of a specific delegation of authority 
from the FAA Administrator to the Associate Chief Counsel/Director, 
Office of Dispute Resolution for Acquisition (hereinafter the ``ODRA 
Director''), to supplement and expand the authority conveyed under 
Title 14 CFR part 17 and the Administrator's delegation of July 29, 
1998, in order to permit the ODRA Director to issue final FAA Agency 
orders on behalf of the Administrator in certain bid protests and 
contract disputes filed with the FAA Office of Dispute Resolution for 
Acquisition. The delegation was set forth in a memorandum signed by the 
Administrator dated March 27, 2000. The FAA is publishing the text of 
the delegation, so that it is available to interested parties.

FOR FURTHER INFORMATION CONTACT: Marie A. Collins, Staff Attorney and 
Dispute Officer for the Office of Dispute Resolution for Acquisition 
(ACG-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, Public Law 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 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 serves as the forum 
for administrative resolution and adjudication of bid protests and 
contract disputes arising from AMS acquisitions and contracts. The 
ODRA's mandate is to resolve such 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. A 
final procedural rule that took effect on June 28, 1999 for ODRA bid 
protests and contract disputes was published in the Federal Register on 
June 18, 1999 (64 FR 34926). Technical corrections to the rule were 
published in the Federal Register on August 31, 1999 (64 FR 47361).
    The full text of the March 27, 2000 delegation from the 
Administrator to the ODRA Director provides the ODRA Director with 
additional authority to act on behalf of the Administrator with respect 
to ODRA bid protests and contract disputes as follows: In order to 
render more efficient the FAA acquisition dispute resolution process, 
pursuant to 49 U.S.C. 106(f)(2), 49 U.S.C. 46101, et seq., Public Law 
104-50 and 14 CFR Part 17, I hereby delegate to the Associate Chief 
Counsel/Director, Office of Dispute Resolution for Acquisition (ODRA) 
authority to execute and issue on behalf of the Administrator, orders 
and final decisions for the FAA in all matters within the ODRA's 
jurisdiction, provided that such matters involve either: (1) A bid 
protest concerning an acquisition having a value or potential value of 
not more than one million dollars ($1,000,000.00); or (2) a contract 
dispute involving a total amount in dispute, exclusive of interest, 
legal fees or costs, of not more than one million dollars 
($1,000,000.00). The Associate Chief Counsel/ODRA Director further is 
authorized 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.
    The foregoing authority may not be re-delegated.
    This delegation supplements and expands the authority previously 
delegated by me on July 29, 1998. This delegation does not preclude the 
Associate Chief Counsel/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.

    Issued in Washington, DC, on March 27, 2000.
James Whitlow,
Acting Chief Counsel.
[FR Doc. 00-9146 Filed 4-12-00; 8:45 am]
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