Section 19-4380. DISPUTES AND CLAIMS

 

4380.1The Library shall attempt to resolve all disputes arising under or relating to contracts by mutual agreement informal discussions between the contractor and CCO.

 

4380.2The CCO is encouraged to use Alternative Dispute Resolution (ADR) procedures whenever possible, however, certain factors may make the use of ADR inappropriate.

 

4380.3Any dispute arising under or relating to a contract which is not resolved by informal discussions shall be resolved in accordance with this Section.

 

4380.4The CCO shall include a Disputes clause in each solicitation and contract that provides for resolution of disputes in accordance with the provisions of this Section.

 

4380.5A routine request for payment that is not in dispute when submitted is not a claim under these Regulations. A contractor's submission or request may be converted to a claim under this Section by the contractor complying with the submission and certification requirements of this Section if it is disputed or is not acted upon in a reasonable time.

 

4380.6A contractor's claim shall be submitted in writing to the CCO for a written decision. The CCO or designee shall hold informal discussions with the contractor in an attempt to resolve contract disputes.

 

4380.7A claim by the Library against the contractor shall be subject to a written decision by the CCO.

 

4380.8For contractor claims exceeding one hundred thousand dollars ($100,000), 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;

 

(c)The amount requested accurately reflects the contract adjustment for which the contractor believes the Library is liable; and

 

(d)The person signing the certification is authorized to act on behalf of the contractor.

 

4380.9The contractor's certification shall be executed by the authorized individual of the contractor.

 

4380.10When 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 forty-five (45) calendar days of receipt of the contractor's claim. The CCO's written decision shall do the following:

 

(a)Grant or deny the claim, in whole or in part;

 

(b)Give reasons for the CCO's written decision;

 

(c)Inform the contractor of the right to seek further redress by requesting reconsideration from the Contracts Review Committee; and

 

(d)Specifically state that the written document is the CCO's final decision.

 

4380.11A failure of the CCO to issue a decision within forty-five (45) calendar day period shall be deemed a decision by the CCO denying the claim and authorizes the contractor to file an appeal with the Contracts Review Committee.

 

4380.12If applicable, the contractor may file an appeal from the CCO's final decision with the Contracts Review Committee, within ten (10) calendar days from receipt of the CCO's written decision.

 

4380.13The Contracts Review Committee may conduct an informal hearing and issue a decision for claims of one hundred thousand dollars ($100,000) or less within thirty (30) calendar days of receipt of the contractor's appeal.

 

4380.14For claims over one hundred thousand dollars ($100,000), the Contracts Review Committee may conduct an informal hearing and issue a written decision within forty-five (45) calendar days after receiving the contractor's appeal.

 

4380.15If a decision will not be issued by the Contracts Review Committed within forty-five (45) calendar days, the CCO shall notify the contractor as to when a decision will be issued.

 

4380.16The Contracts Review Committee's decision shall advise the contractor of the right to appeal its decision to the District of Columbia Contract Appeals Board.

 

4380.17The CAB shall have exclusive jurisdiction to hear and decide appeals from final decisions of the Contracts Review Committee.

 

4380.18The contractor shall exhaust all administrative review procedures provided in this Section fully and properly before appealing to the CAB.

 

4380.19The Library shall be responsible for payment of interest on claims decided in the contractor's favor. Interest shall accrue from the date the CCO receives the claim until payment is made. Interest shall accrue at the rate established by the District of Columbia Council pursuant to the D.C. Official Code #23-3302, as amended.

 

4380.20If the contractor is unable to support any part of claim and there is evidence of fraud or misrepresentation on the part of the contractor, the CCO shall refer the matter to the District of Columbia Inspector General.

 

source

Final Rulemaking published at 55 DCR 493 (January 18, 2008).