[Federal Register Volume 69, Number 64 (Friday, April 2, 2004)]
[Notices]
[Pages 17469-17470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7490]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Delegation of Authority

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of delegation of authority.

-----------------------------------------------------------------------

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 previously 
delegated on July 29, 1998 and supersede the delegation issued to the 
Associate Chief Counsel/Director of the ODRA on March 27, 2000, 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 10, 2004. 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 Resolution Officer 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: 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

[[Page 17470]]

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). Subsequently, Congress 
enacted the Vision 100--Century of Aviation Reauthorization Act, Pub. 
L. No. 108-176, 117 Stat. 2490 (2003), which specifies the ODRA as the 
exclusive forum for the resolution and adjudication of bid protests and 
contract disputes arising from AMS acquisitions and contracts. Under 
these statutes, the ODRA is mandated to resolve bid protests and 
contract disputes in a timely and efficient manner, using consensual 
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 10, 2004 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. Sec.  106(f)(2), 49 U.S.C. 
40101, et seq., and 46101, et seq., 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 five million dollars 
($5,000,000.00); or (2) a contract dispute involving a total amount to 
be adjudicated, exclusive of interest, legal fees or costs, of not more 
than five million dollars ($5,000,000.00). 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 on July 29, 1998 and supersedes the delegation issued to the 
Associate Chief Counsel/Director of the ODRA on March 27, 2000. 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 10, 2004.
Andrew B. Steinberg,
Chief Counsel.
[FR Doc. 04-7490 Filed 4-1-04; 8:45 am]
BILLING CODE 4910-13-M