If you bid, but lost out, on a solicitation issued by the Federal Aviation Administration (FAA), you may be thinking of filing a protest to challenge the award. However, FAA procurements are unique in the sense that protests of such procurements are not decided by either the U.S. Government Accountability Office (GAO) or the U.S. Court of Federal Claims, the two venues which decide nearly every other type of protest. The FAA is one of the few federal agencies not subject to the Federal Acquisition Regulation (FAR). While an organization within the Department of Transportation (DOT), which is subject to the FAR and the Department of Transportation Acquisition Regulation (TAR) (48 CFR 12), the FAA, at the direction of Congress, established its own rules and procedures, the Acquisition Management System (AMS) and it is the AMS that governs the FAA’s bid protest regime.
So how do protests of FAA procurements work and what do you need to know about them? Under the AMS, which grants contracting personnel greater discretion and contains fewer prescriptive rules than the FAR, procurement disputes such as bid protests, are decided by the Office of Dispute Resolution for Acquisition (ODRA) under its procedures published at 14 CFR 17. Continue Reading What You Need to Know About Bid Protests Before the Federal Aviation Administration