Section 5-E3713. CONTRACT DISPUTES

 

3713.1Except as otherwise provided in the contract, any dispute concerning a question of fact arising under the contract that cannot be disposed of by agreement shall be decided by the procurement officer.

 

3713.2The procurement officer shall reduce his or her decision to writing and send a copy of the decision to the contractor by certified mail (return receipt requested).

 

3713.3The decision of the procurement officer shall be final and conclusive unless, within ten (10) days from the receipt of the decision, the contractor appeals to the Superintendent.

 

3713.4If the contractor appeals under § 3713.3, the Superintendent shall review all submissions and documents in the file and the contract itself and, based upon the record, shall decide whether to uphold, reverse, or modify the determination of the procurement officer.

 

3713.5The Superintendent shall render her or his decision on an appeal within twenty (20) days of the receipt of the appeal.

 

3713.6The decision of the Superintendent shall be final and conclusive unless, within thirty (30) days of receipt of the Superintendent’s decision, the contractor files a written appeal to the D.C. Contract Appeals Board.

 

3713.7The decision of the Contract Appeals Board shall be final and binding upon all parties, subject to limitations and review as may be provided by law.

 

3713.8Unilateral termination by the school system may be appealed directly to the Contract Appeals Board.

 

3713.9The duly promulgated procedures and rules of the Contract Appeals Board shall govern appeals to that Board.

 

source

Final Rulemaking published at 30 DCR 3771, 3782 (July 29, 1983).