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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 27. CONTRACTS AND PROCUREMENT |
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Chapter 27-37. TERMINATION OF CONTRACTS |
Section 27-3705. SETTLEMENT BY DETERMINATION
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3705.1If the contractor and the contracting officer cannot agree on a termination settlement under §3703, or if the contractor fails to submit a settlement proposal within the period required by the termination clause, the contracting officer shall issue a determination of the amount due consistent with the termination clause.
3705.2If the contractor submits a settlement proposal, the contracting officer shall give the contractor notice, either by hand delivery or certified mail, return receipt requested, that the contractor may submit evidence substantiating the settlement amount in its proposal. The notice shall state a date certain by which the evidence must be received by the contracting officer.
3705.3After reviewing any evidence submitted by the contractor and other available information, the contracting officer shall determine the amount due and shall transmit a copy of the determination to the contractor by certified mail, return receipt requested, or by any other method that provides evidence of receipt.
3705.4The determination letter shall advise the contractor that the determination is a final decision from which the contractor may appeal under the procedures set forth in the Act, chapter 38 of this title, and the disputes clause in the contract, except as specified in §3705.6. The determination shall specify the amount due to the contractor and shall explain each major item that was not allowed.
3705.5The contracting officer shall retain all written evidence and other data relied upon in making a determination.
3705.6The contractor may appeal any settlement by determination under the provisions of the Act, chapter 38 of this title, and the disputes clause in the contract, except when the contractor has failed to submit a settlement proposal within the time provided in the contract and has failed to request an extension of time. The filing of an appeal shall not affect the authority of the contracting officer to enter into a settlement agreement, in whole or in part, by negotiation with the contractor at any time before the appeal is decided.