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14 CFR Ch. I (1–1–14 Edition) 

§ 17.31 

(1) A joint request for ADR, or an ex-

ecuted ADR agreement, pursuant to 
§ 17.37(d), specifying which ADR tech-
niques will be employed; or 

(2) Written explanation(s) as to why 

ADR proceedings will not be used and 
why the Adjudicative Process will be 
needed. 

(e) If the contract dispute is not com-

pletely resolved during the informal 
resolution period, the ODRA’s Adju-
dicative Process will commence unless 
the parties have reached an agreement 
to attempt a formal ADR effort. As 
part of such an ADR agreement the 
parties, with the concurrence of the 
ODRA, may agree to defer commence-
ment of the adjudication process pend-
ing completion of the ADR or that the 
ADR and adjudication process will run 
concurrently. If a formal ADR is at-
tempted but does not completely re-
solve the contract dispute, the Adju-
dicative Process will commence. 

(f) The ODRA shall hold a status con-

ference with the parties within ten (10) 
business days, or as soon thereafter as 
is practicable, of the ODRA’s receipt of 
a written notification that ADR pro-
ceedings will not be used, or have not 
fully resolved the Contract Dispute. 
The purpose of the status conference 
will be to commence the Adjudicative 
Process and establish the schedule for 
adjudication. 

(g) The submission of a statement 

which indicates that ADR will not be 
utilized will not in any way preclude 
the parties from engaging in non-bind-
ing ADR techniques during the Adju-
dicative Process, pursuant to subpart D 
of this part. 

§ 17.31

Dismissal or summary decision 

of contract disputes. 

(a) Any party may request by mo-

tion, or the ODRA on its own initiative 
may recommend or direct, that a con-
tract 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 stand-
ing; 

(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 mo-

tion, or the ODRA on its own initiative 
may recommend or direct, that a sum-
mary decision be issued with respect to 
a contract dispute, or any count or por-
tion 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 sum-
mary decision, the ODRA will consider 
any material facts in dispute in a light 
most favorable to the party against 
whom the dismissal or summary deci-
sion would be entered, and draw all fac-
tual 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 por-

tion of a contract dispute or enter a 
partial summary decision; 

(2) Recommend to the Administrator 

that the entire contract dispute be dis-
missed or that a summary decision be 
entered; or 

(3) With a delegation from the Ad-

ministrator, dismiss the entire con-
tract dispute or enter a summary deci-
sion with respect to the entire contract 
dispute. 

(e) An order of dismissal of the entire 

contract dispute or summary decision 
with respect to the entire contract dis-
pute, issued either by the Adminis-
trator or by the ODRA, on the grounds 
set forth in this section, shall con-
stitute a final agency order. An ODRA 
order dismissing or striking a count or 
portion of a contract dispute or enter-
ing a partial summary judgment shall 
not constitute a final agency order, un-
less and until such ODRA order is in-
corporated or otherwise adopted in a 
final agency decision of the Adminis-
trator or the Administrator’s delegee 
regarding the remainder of the dispute. 

(f) 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 would be entered the opportunity 
to respond to a proposed dismissal or 
summary decision. 

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