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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 27-38. PROTESTS, CLAIMS, AND DISPUTES |
Section 27-3803. CLAIMS BY CONTRACTORS AGAINST THE DISTRICT
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3803.1If a contractor is unable to resolve a dispute arising under or relating to a contract through informal discussions, the contractor may file a written claim with the contracting officer in accordance with this section.
3803.2The contractor's claim shall be in writing, shall be delivered in person or mailed by certified mail, return receipt requested, to the contracting officer, and shall contain at least the following:
(a)A description of the claim and the amount in dispute;
(b)Any data or other information in support of the claim;
(c)A brief description of the contractor's efforts to resolve the dispute prior to filing the claim; and
(d)The contractor's request for relief or other action by the contracting officer.
3803.3The contracting officer may meet with the contractor in a further attempt to resolve the claim by agreement.
3803.4The contracting officer shall issue a written decision on any claim within one-hundred twenty (120) days of receipt of such a claim, whenever possible taking into account factors such as the size and complexity of the claim and the adequacy of the information in support of the claim that the contractor provides.
3803.5The 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)If all or any part of the claim is determined to be valid, determine the amount of monetary settlement, the contract adjustment to be made, or other relief to be granted;
(f)Indicate that the written document is the contracting officer's final decision; and
(g)Inform the contractor of its right to seek further redress by appealing the decision to the CAB.
3803.6The contracting officer's decision shall be delivered in person or mailed by certified mail, return receipt requested, to the contractor.
3803.7Any failure by the contracting officer to issue a decision on a claim within the required time period will be deemed to be a denial of the claim, and will authorize the commencement of an appeal to the CAB.
3803.8If a contractor is unable to support any part of its claim and the contracting officer determines that the inability is attributable to a material misrepresentation of fact or fraud on the part of the contractor, the contractor shall be liable to the District for an amount equal to the unsupported part of the claim in addition to all costs to the District attributable to the cost of reviewing that part of the contractor's claim.
3803.9Liability under § 3803.8 shall be determined within six (6) years of the commission of the misrepresentation of fact or fraud.
3803.10The contracting officer’s decision shall be final and not subject to review unless the contractor timely commences an administrative appeal or action for judicial review as authorized by §§ 1004(a) and 1005(a) of the Act (D.C. Official Code §§ 2-360.04(a) and 2-360.05(a) (2011 Repl.).
3803.11Pending final decision of an appeal, action or final settlement, a contractor shall proceed diligently with performance of the contract in accordance with the decision of the contracting officer.