CFR > Title 14 - Aeronautics and Space > CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION > SUBCHAPTER B—PROCEDURAL RULES (parts 11 to 17) > PART 17—PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES > SUBPART C—Contract Disputes (§17.23 to §17.29) > 17.29—Dismissal or summary decision of contract disputes.

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.