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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 22. HEALTH |
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SubTilte 22-B. PUBLIC HEALTH AND MEDICINE |
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Chapter 22-B98. D.C. GENERAL HOSPITAL CONTRACT MANAGEMENT AND ADMINISTRATION |
Section 22-B9817. DISPUTES
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9817.1The Hospital shall attempt to resolve all disputes arising under or relating to contracts by mutual agreement after informal discussions between the contractor and the CO.
9817.2Any dispute arising under or relating to a contract which is not resolved by informal discussions shall be resolved in accordance with this section. Each Hospital contract shall contain a disputes clause that provides for resolution of disputes in accordance with the provisions of this section.
9817.3A claim by the contractor shall be made in writing and submitted initially to the CO for a written decision. The CO shall hold informal discussions with the contractor and appropriate Hospital staff to resolve contract disputes. A claim by the contractor against the Hospital shall be subject to a written decision by the CO.
9817.4In the event a claim by or against a contractor cannot be satisfied or settled by mutual agreement and a decision on the claim is necessary, the CO shall prepare a written decision upon receipt of the contractor’s claim. The CO’s written decision shall do the following:
(a)Grant or deny the contractor’s claim, in whole or in part;
(b)Give the reasons for the CO’s decision;
(c)Inform the contractor of the right to seek further redress by requesting reconsideration from the Contract Appeals Board; and
(d)Specifically indicate that the written document is the CO’s final decision.
9817.5Any failure of the CO to issue a decision shall be deemed a decision by the CO denying the claim and authorizing the contractor to file an appeal with the Contracts Appeals Board.
9817.6The contractor may use the same procedures as outlined in Appeal of the Contracting Officer’s Final Decision, under the Provision of Protest.
9817.7Pending final resolution of a dispute or claim, the contractor shall comply with any decision of the Hospital and proceed diligently with performance of the contract, except to the extent such work has been terminated. Failure to proceed shall be grounds for termination for default.