Code of Federal Regulations - Title 14

116

14 CFR Ch. I (1–1–14 Edition)

§ 17.19

Motions practice and dismissal

or summary decision of protests.

(a) Separate motions generally are

discouraged in ODRA bid protests.
Counsel and parties are encouraged to
incorporate any such motions in their
respective agency responses or com-
ments. Parties and counsel are encour-
aged to attempt to resolve typical mo-
tions issues through the ODRA ADR
process. The ODRA may rule on any
non-dispositive motion, where appro-
priate and necessary, after providing
an opportunity for briefing on the mo-
tion by all affected parties. Unjustifi-
able, inappropriate use of motions may
result in the imposition of sanctions.
Where appropriate, a party may re-
quest by dispositive motion to the
ODRA, or the ODRA may recommend
or order, that:

(1) The protest, or any count or por-

tion of a protest, be dismissed for lack
of jurisdiction, timeliness, or standing
to pursue the protest;

(2) The protest, or any count or por-

tion of a protest, be dismissed, if frivo-
lous 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 there
are no material facts in dispute and a
party is entitled to summary decision
as a matter of law.

(b) In connection with consideration

of possible dismissal or summary deci-
sion, the ODRA shall consider any ma-
terial facts in dispute, in a light most
favorable to the party against whom
the dismissal or summary decision
would operate and draw all factual in-
ferences in favor of the non-moving
party.

on its own initiative, the ODRA 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 pro-
test;

(2) Dismiss the entire protest or issue

a summary decision with respect to the
entire protest, if delegated that au-
thority by the Administrator; or

(3) Dismiss or issue a summary deci-

sion with respect to any count or por-
tion of a protest.

(d) A dismissal or summary decision

regarding the entire protest by either
the Administrator, or the ODRA 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, un-
less and until such dismissal or deci-
sion is incorporated or otherwise
adopted in a decision by the Adminis-
trator (or the ODRA, by delegation) re-
garding the entire protest.

(e) Prior to recommending or enter-

ing either a dismissal or a summary de-
cision, either in whole or in part, the
ODRA shall afford all parties against
whom the dismissal or summary deci-
sion is to be entered the opportunity to
respond to the proposed dismissal or
summary decision.

§ 17.21

Adjudicative Process for pro-

tests.

(a) Other than for the resolution of

preliminary or dispositive matters, the
Adjudicative Process for protests will
be commenced by the ODRA Director
pursuant to § 17.17(e).

(b) The Director of the ODRA shall

appoint a DRO or a Special Master to
conduct the adjudication proceedings,
develop the administrative record, and
prepare findings and recommendations
for review of the ODRA Director.

conduct such proceedings and prepare
procedural orders for the proceedings
as deemed appropriate; and may re-
quire additional submissions from the
parties.

(d) The Product Team response to the

protest will be due to be filed and
served ten (10) business days from the
commencement of the ODRA Adjudica-
tion process. The Product Team re-
sponse shall consist of a written chron-
ological, supported statement of pro-
posed facts, and a written presentation
of applicable legal or other defenses.
The Product Team response shall cite
to and be accompanied by all relevant
documents, which shall be chrono-
logically indexed, individually tabbed,
and certified as authentic and com-
plete. A copy of the response shall be
furnished so as to be received by the
protester and any intervenor(s) on the
same date it is filed with the ODRA. In

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