[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR17.19]

[Page 104]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 17--PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES--Table of Contents
 
                           Subpart B--Protests
 
Sec. 17.19   Dismissal or summary decision of protests.

    (a) At any time during the protest, any party may request, by motion 
to the Office of Dispute Resolution for Acquisition, that--
    (1) The protest, or any count or portion of a protest, be dismissed 
for lack of jurisdiction, if the protester fails to establish that the 
protest is timely, or that the protester has no standing to pursue the 
protest;
    (2) The protest, or any count or portion of a protest, be dismissed, 
if frivolous or without basis in fact or law, or for failure to state a 
claim upon which relief may be had;
    (3) A summary decision be issued with respect to the protest, or any 
count or portion of a protest, if:
    (i) The undisputed material facts demonstrate a rational basis for 
the Product Team action or inaction in question, and there are no other 
material facts in dispute that would overcome a finding of such a 
rational basis; or
    (ii) The undisputed material facts demonstrate, that no rational 
basis exists for the Product Team action or inaction in question, and 
there are no material facts in dispute that would overcome a finding of 
the lack of such a rational basis.
    (b) In connection with any request for dismissal or summary 
decision, the Office of Dispute Resolution for Acquisition shall 
consider any material facts in dispute, in a light most favorable to the 
party against whom the request is made.
    (c) Either upon motion by a party or on its own initiative, the 
Office of Dispute Resolution for Acquisition may, at any time, exercise 
its discretion to:
    (1) Recommend to the Administrator dismissal or the issuance of a 
summary decision with respect to the entire protest;
    (2) Dismiss the entire protest or issue a summary decision with 
respect to the entire protest, if delegated that authority by the 
Administrator; or
    (3) Dismiss or issue a summary decision with respect to any count or 
portion of a protest.
    (d) A dismissal or summary decision regarding the entire protest by 
either the Administrator, or the Office of Dispute Resolution for 
Acquisition by delegation, shall be construed as a final agency order. A 
dismissal or summary decision that does not resolve all counts or 
portions of a protest shall not constitute a final agency order, unless 
and until such dismissal or decision is incorporated or otherwise 
adopted in a decision by the Administrator (or the Office of Dispute 
Resolution for Acquisition, by delegation) regarding the entire protest.
    (e) Prior to recommending or entering either a dismissal or a 
summary decision, either in whole or in part, the Office of Dispute 
Resolution for Acquisition shall afford all parties against whom the 
dismissal or summary decision is to be entered the opportunity to 
respond to the proposed dismissal or summary decision.