Section 7-1613. DISPUTES  


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    1613.1This section shall govern all disputes arising under or related to contracts awarded by the Board to procure goods or services.

     

    1613.2In order to make a claim under a contract, a party to the contract shall submit to the Executive Director a written assertion that the party is entitled to the payment of money in a sum certain, the adjustment or interpretation of a contract provision, or other relief under the contract.

     

    1613.3If a claim on behalf of a contractor has a value of more than fifty thousand dollars ($50,000), the claim shall be accompanied by the certification of the contractor that the claim is made in good faith and that the amount or adjustment requested and the supporting data are accurate and complete to the best of the contractor’s knowledge and belief.

     

    1613.4 If the Executive Director cannot resolve a claim after informal discussion, the Executive Director shall, within sixty (60) days of receipt of the claim, issue a written decision granting or denying the claim, giving the Executive Director’s reasoning, and setting forth the contractor’s rights.  The Executive Director’s failure to issue a decision within this time shall be deemed to be a denial of the claim for the purpose of the contractor filing a claim with the Superior Court of the District of Columbia.

     

    1613.5The parties waive the right to trial by jury in any judicial action, proceeding or counterclaim arising from any agreement that is not resolved by the Executive Director.

     

    1613.6Pending a final settlement or a final decision from a court on an action or appeal, of a dispute or a claim asserted by the contractor against the Board, the contractor shall proceed diligently with performance of the agreement in accordance with its terms and conditions.

     

authority

The District of Columbia Retirement Board (the Board), pursuant to the authority set forth in section 121(i) of the District of Columbia Retirement Reform Act of 1979 (Pub. L. 96-122, 93 Stat. 866 (Nov. 17, 1979) (codified at D.C. Official Code § 1-711(i)(2001)) (the Reform Act).

source

Notice of Final Rulemaking published at 57 DCR 12594, 12605 (December 31, 2010).