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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: April 17, 2000

FROM: Barry McVay, CPCM

SUBJECT: Federal Aviation Administration; Delegation to Office of Dispute Resolution for Acquisition (ODRA)

SOURCE: Federal Register, April 13, 2000, Vol. 65, No. 72, page 19958

AGENCIES: Federal Aviation Administration; Delegation of Authority to Office of Dispute Resolution for Acquisition (ODRA)

ACTION: Notice

SYNOPSIS: The Federal Aviation Administration (FAA) administrator has delegated to the ODRA the authority to issue orders and final decisions involving bid protests and contract disputes up to and including $1,000,000. Previously, the FAA administrator had retained the authority to make all final decisions.

EDITOR'S NOTE: The Fiscal Year 1996 Department of Transportation Appropriations Act directed FAA to develop its own acquisition management system outside of the Federal Acquisition Regulations (FAR) system. It developed the FAA Acquisition Management System (AMS), which is included in the FAA Acquisition System Toolset (FAST). FAST can be accessed at http://fast.faa.gov.

Along with the development of the AMS, FAA established the ODRA, which serves as the forum for administrative resolution and adjudication of bid protests and contract disputes arising from AMS acquisitions and contracts. For FAA actions, the ODRA takes the place of the General Accounting Office (GAO) for bid protests and the Department of Transportation Board of Contract Appeals (DOTBCA) for contract disputes.

EFFECTIVE DATE: March 27, 2000.

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, 202-366-6400, facsimile: 202-366-7400.

SUPPLEMENTAL INFORMATION: Since April 1, 1996, when the ODRA was established, it has resolved 113 protests, 37 disputes, and 7 requests for attorneys' fees under the Equal Access to Justice Act (EAJA). The following are the statistics on the disposition of the actions:

Protests (113 total)

Disputes (37 total)

EAJA (7 total)

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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