Dismissal or summary decision of contract disputes.

CFR · 2024-01-01 · US · Title 14

(a) Any party may request by motion, or the ODRA on its own initiative may recommend or direct, that a contract dispute be dismissed, or that a count or portion thereof be stricken, if: (1) It was not timely filed; (2) It was filed by a subcontractor or other person or entity lacking standing; (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 ODRA. (b) Any party may request by motion, or the ODRA on its own initiative may recommend or direct, that a summary decision be issued with respect to a contract dispute, or any count or portion thereof if there are no material facts in dispute and a party is entitled to a summary decision as a matter of law. (c) In connection with any potential dismissal of a contract dispute, or summary decision, the ODRA will consider any material facts in dispute in a light most favorable to the party against whom the dismissal or summary decision would be entered, and draw all factual inferences in favor of that party. (d) At any time, whether pursuant to a motion or on its own initiative and at its discretion, the ODRA may: (1) Dismiss or strike a count or portion of a contract dispute or enter a partial summary decision; (2) Recommend to the Administrator that the entire contract dispute be dismissed or that a summary decision be entered; or (3) With a delegation from the Administrator, dismiss the entire contract dispute or enter a summary decision with respect to the

official document · source cfr-2024 · id 14:§ 17.31