Section 19-2822. DISPUTES

 

2822.1For purposes of this section, a “claim” means a written demand or written assertion by one of the contracting parties seeking as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to a contract.

 

2822.2A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant.  However, a written demand or written assertion by the contractor seeking the payment of money exceeding fifty thousand dollars ($50,000) is not a claim under this chapter until certified as required by subsection 2815.3

 

2822.3A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under this chapter. The submission may be converted to a claim under this chapter by complying with the submission and certification requirements of this section, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

 

2822.4A claim by the contractor shall be made in writing and submitted initially to the contracting officer for a written decision. The contracting officer shall hold informal discussions with the contractor and appropriate Board staff to resolve contract disputes. A claim by the Board against the contractor shall be subject to a written decision by the CCO.

 

2822.5For contractor claims exceeding fifty thousand dollars ($50,000), the contractor shall submit with the claim a certification that:

 

(a)The claim is made in good faith;

 

(b)Supporting data are accurate and complete to the best of the contractor’s knowledge and belief; and

 

(c)The amount requested accurately reflects the contract adjustment for which the contractor believes the Board is liable.

 

2822.6If the contractor is an individual, the certification shall be executed by that individual.  If the contractor is not an individual, the certification shall be executed by a senior company official in charge at the contractor’s plant or location involved, or an officer or general partner of the contractor having overall responsibility for the conduct of the contractor’s affairs.

 

2822.7When a claim by or against a contractor cannot be satisfied or settled by mutual agreement and a decision on the claim is necessary, the CCO shall prepare a written decision within thirty (30) calendar days of receipt of the contractor’s claim.

 

2822.8The contractor may request reconsideration from the General Manager within fifteen (15) calendar days from receipt of the decision of the CCO.

 

2822.9The General Manager shall conduct an informal hearing and issue a determination for claims of fifty thousand dollars ($50,000) or less within thirty (30) calendar days of receipt of the contractor’s request for reconsideration.

 

2822.10For claims over fifty thousand dollars ($50,000), the General Manager shall conduct an informal hearing and issue a determination thirty (30) days after receiving a request for reconsideration.  Provided, that if a decision will not be issued within thirty (30) calendar days, the Board notifies the contractor, within that period of time within which a decision will be issued.

 

2822.11The General Manager’s decision shall include the following:

 

(a)Description of the claim or dispute;

 

(b)Reference to the pertinent contract terms;

 

(c)Statement of factual areas of agreement or disagreement;

 

(d)Statement of the General Manager’s decision, with supporting rationale; and

 

(e)Statement of the procedure for filling appeals with the Contract Appeals Board.

 

2822.12Any failure of the Board to issue a decision within the specified time periods shall be deemed a decision by the Board denying the claim and will authorize the claimant to file an appeal with the CAB.

 

2822.13A claimant may appeal the General Manager’s decision only to the CAB. Any appeal to the CAB shall be filed with the CAB within ninety (90) days from the date a decision is issued by the General Manager.

 

2822.14The proceeding before the CAB shall be final, subject to judicial review in accordance with D.C. Code §§ 1-1189.5 and 1-1510. Any prior determinations by the Board (the CCO or the General Manager) shall not be final or conclusive or subject to judicial review.

 

2822.15Pending final resolution of the dispute, the contractor shall comply with any decision of the Board and proceed diligently with performance of the contract, except to the extent where such work was terminated.

 

2822.16The Board shall be responsible for payment of interest on claims decided in the contractor’s favor.  Interest accrues from the date the Board receives the claim until payment is made.  Interest shall accrue at the rate established by the District of Columbia Council pursuant to D. C. Code § 28-3302, as amended.

 

source

Final Rulemaking published at 37 DCR 4081, 4107-09 (June 22, 1990).