[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: 14CFR17.29]



[Page 110]

 

                     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 C_Contract Disputes

 

Sec. 17.29  Dismissal or summary decision of contract disputes.



    (a) Any party may request, by motion to the Office of Dispute 

Resolution for Acquisition, that a contract dispute be dismissed, or 

that a count or portion of a contract dispute be stricken, if:

    (1) It was not timely filed with the Office of Dispute Resolution 

for Acquisition;

    (2) It was filed by a subcontractor;

    (3) It fails to state a matter upon which relief may be had; or

    (4) It involves a matter not subject to the jurisdiction of the 

Office of Dispute Resolution for Acquisition.

    (b) In connection with any request for dismissal of a contract 

dispute, or to strike a count or portion thereof, the Office of Dispute 

Resolution for Acquisition should consider any material facts in dispute 

in a light most favorable to the party against whom the request for 

dismissal is made.

    (c) At any time, whether pursuant to a motion or request or on its 

own initiative and at its discretion, the Office of Dispute Resolution 

for Acquisition may--

    (1) Dismiss or strike a count or portion of a contract dispute;

    (2) Recommend to the Administrator that the entire contract dispute 

be dismissed; or

    (3) With delegation from the Administrator, dismiss the entire 

contract dispute.

    (d) An order of dismissal of the entire contract dispute, issued 

either by the Administrator or by the Office of Dispute Resolution for 

Acquisition where delegation exists, on the grounds set forth in this 

section, shall constitute a final agency order. An Office of Dispute 

Resolution for Acquisition order dismissing or striking a count or 

portion of a contract dispute shall not constitute a final agency order, 

unless and until such Office of Dispute Resolution for Acquisition order 

is incorporated or otherwise adopted in a decision of the Administrator 

or the Administrator's delegee.

    (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 a proposed dismissal or summary decision.