[Federal Register Volume 69, Number 64 (Friday, April 2, 2004)]
[Notices]
[Pages 17470-17471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7491]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Delegation of Authority

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice 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''), in all contests involving Agency actions associated with 
the FAA's adaptation of Office of Management and Budget (``OMB'') 
Circular A-76. 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 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). Under the AMS, the FAA 
follows the policies of the OMB Circular A-76, (Revised) Performance of 
Commercial Activities to the extent that such policies are consistent 
with FAA's statutory mandate. In accordance with OMB Circular A-76, the 
subject delegation implements the FAA's policy that directly interested 
parties may contest certain actions taken in connection with FAA 
competition, pursuant to contest procedures administered by the ODRA. 
Rules governing contests are published in the ODRA Web site at http://www.faa.gov/agc/odra/index.htm.
    The full text of the March 10, 2004 delegation from the 
Administrator to the ODRA Director provides as follows:
    Under 49 U.S.C. 106(f)(2), 49 U.S.C. 46101, et seq., Pub. L. No. 
104-50, Pub. L. No. 108-176, and Pub. L. No. 108-199, I delegate to the 
Associate Chief Counsel/Director, Office of Dispute Resolution for 
Acquisition (``ODRA'') authority in all contests involving Agency 
actions associated with the FAA's adaptation of Office of Management 
and Budget (``OMB'') Circular A-76, as follows:
    a. To administer individual contests and to appoint ODRA Dispute 
Resolution Officers and Special Masters to administer all or portions 
of such contests;
    b. To conduct contest proceedings and to prepare findings and 
recommendations for the Administrator or the Administrator's delegee, 
who will issue final decisions in such contests.
    c. To deny motions for dismissal or summary relief which have been 
submitted to the ODRA by parties to contests;
    d. To grant or deny motions for partial dismissal or partial 
summary relief submitted to the ODRA by parties to contests, or to 
order such partial dismissals on its own initiative;
    e. To dismiss contests, based on voluntary withdrawals by the 
parties which have instituted such proceedings;
    f. To dismiss contests, where the parties to such proceedings have 
achieved a settlement;
    g. To issue procedural rules and interlocutory orders aimed at 
proper and efficient case management, including, without limitation, 
scheduling orders, subpoenas, sanctions orders for failure of 
discovery, and the like;

[[Page 17471]]

    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 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;
    i. To utilize consensual alternative dispute resolution (ADR) 
methods in accordance with established Department of Transportation and 
FAA policies;
    j. To engage with Agency program offices and contractors in 
voluntary mutually agreeable ADR efforts aimed at resolving issues 
relating to potential contests at the earliest possible stage, even 
before a contest 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 for the 
resolution of contests, in accordance with the Acquisition Management 
System and applicable law and policy.
    The 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.

    Issued in Washington, DC, on March 10, 2004.
Andrew B. Steinberg,
Chief Counsel.
[FR Doc. 04-7491 Filed 4-1-04; 8:45 am]
BILLING CODE 4910-13-M