[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR17.19]



[Page 107-108]

 

                     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.



[[Page 108]]



    (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.