Section 27-3802. CLAIMS BY THE DISTRICT AGAINST CONTRACTORS

 

3802.1All claims by the District against a contractor arising under or relating to a contract shall be decided by the contracting officer. The contracting officer shall send the written decision regarding the claim to the contractor.

 

3802.2The contracting officer's written decision shall do the following:

 

(a)Provide a description of the claim or dispute;

 

(b)Refer to the pertinent contract terms;

 

(c)State the factual areas of agreement and disagreement;

 

(d)State the reasons for the decision, including any specific findings of fact, although specific findings of fact are not required and, if  made, shall not be binding in any subsequent proceeding;

 

(e)Indicate that the written document is the contracting officer's final decision; and

 

(f)Inform the contractor of the right to seek further redress by appealing the contracting officer’s decision to the CAB.

 

3802.3The decision of the contracting officer shall be final and not subject to review unless an administrative appeal or action for judicial review is timely commenced as authorized by §§ 1004(a) and 1005 of the Act (D.C. Official Code §§ 2-360.04(a) and 2-360.05 (2011 Repl.)).

3802.4The authority contained in this section shall not apply to a claim or dispute for penalties or forfeitures prescribed by statute or regulation which  another District agency is specifically authorized to administer, settle, or  determine.

 

3802.5This section shall not authorize the contracting officer to settle, compromise, pay, or otherwise adjust any claim involving fraud.

 

3802.6Pending final decision of an appeal, action, or final settlement, the contractor shall proceed diligently with performance of the contract in  accordance with the decision of the contracting officer.

 

authority

The Chief Procurement Officer of the District of Columbia (“CPO”), pursuant to the authority set forth in sections 906, 908, 1003, 1004, 1008, and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-359.06, 2-359.08, 2-360.03, 2-360.04, 2-360.08, and 2-361.06 (2011 Repl.)) (Act).

source

Final Rulemaking published at 35 DCR 1708 (February 26, 1988); as amended by Emergency and Proposed Rulemaking published at 49 DCR 9348 (October 11, 2002) [EXPIRED]; as amended by Emergency Rulemaking published at 50 DCR 1050 (January 31, 2003) [EXPIRED]; as amended by Emergency Rulemaking published at 50 DCR 3205 (April 25, 2003) [EXPIRED]; as amended by Emergency Rulemaking published at 50 DCR 9271 (October 31, 2003) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 1432 (February 6, 2004); as amended by Notice of Emergency and Proposed Rulemaking published at 59 DCR 1786 (March 2, 2012)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 2911, 2912 (April 13, 2012).

EditorNote

Section 3802 is formerly entitled, "Claims by District Governement Against Contractors." The Notice of Final Rulemaking published at 59 DCR 2911 (April 13, 2012) renamed the section, "Claims by the District Against Contractors."