Section 30-2033. CLAIMS AND DISPUTES

 

2033.1Disputes arising out of or pertaining to contracts shall be resolved, If possible, in accordance with §§3801.1 through 3801.3 of Title 27 DCMR.

 

2033.2A claim by the Agency against a contractor arising under or relating to a contract shall be the subject of an informal hearing and decision by the Executive Director, or a claims officer designated under this section, who shall issue the decision in writing, and shall mail or otherwise furnish a copy of the decision to the contractor. Claims shall be filed in accordance with §3802 of Title 27 DCMR.

 

2033.3The Executive Director's decision shall be supported by reasons and shall inform the contractor of the contractor's rights as provided in this title. Specific findings of fact are not required, but, if made, shall not be binding in any subsequent proceeding.

 

2033.4The provisions of this section shall not apply to a claim or dispute for penalties or forfeitures prescribed by statute or regulation which another District government agency is specifically authorized to administer, settle, or determine. Further, this section shall not authorize the Executive Director or a claims officer to settle, compromise, pay, or otherwise adjust any claim involving fraud.

 

2033.5Nothing in this section shall prohibit the Director of Procurement from including a clause in contracts requiring that pending 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 Executive Director.

 

2033.6All claims by a contractor against the Agency arising under or relating to a contract shall be in writing and shall be submitted to the Executive Director for an informal hearing and decision in accordance with §§3803 through 3806 of Title 27 DCMR.

 

2033.7The Executive Director may appoint a claims officer to hear a claim against the Agency, in accordance with the provisions of §3806 of Title 27 DCMR. The claims officer shall be an employee of the Agency.

 

2033.8For purposes of this section, all references in Chapter 38 of Title 27 DCMR to provisions of the D.C. Procurement Practices Act shall be read as references to this section.

 

2033.9The Executive Director shall issue a decision on any submitted claim of fifty thousand dollars ($50,000) or less within sixty (60) days from the receipt of a written request from a contractor that a decision be rendered within that period, except as provided otherwise in §3806 of Title 27 DCMR.

 

2033.10Within ninety (90) days of receipt of a claim over fifty thousand dollars ($50,000), the Executive Director shall issue a decision, 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 provided by the contractor, except as provided otherwise in §3806 of Title 27 DCMR.

 

2033.11Any failure by the Executive Director to issue a decision on a contract claim within the required time period shall be considered to be a denial of the claim, and shall authorize the commencement of an administrative appeal on the claim.

 

2033.12The decision of the Executive Director shall be final and not subject to review unless an administrative appeal is filed with the Contract Appeals Board in accordance with D.C. Code §1-1189.4 (1992 Repl. Vol.), and the applicable rules of the Contract Appeals Board set forth in Title 27 of the D.C. Municipal Regulations.

 

source

Final Rulemaking published at 36 DCR 6681, 6698 (September 22, 1989).