Section 8-A2539. CLAIMS AND DISPUTES

 

2539.1Disputes arising out of or pertaining to contracts shall be resolved, if possible, in accordance with §§3801.1 through 3801.3 of the DCPR.

 

2539.2All claims by the School of Law against a contractor arising under or relating to a contract shall be the subject of an informal hearing and decision by the Director of Procurement (the "Director"), who shall issue the decision in writing, and shall mail or otherwise furnish a copy of the decision to the contractor.

 

2539.3The decision shall be supported by reasons and shall inform the contractor of his or her rights as provided in this title. Specific findings of fact are not required, but, if made, shall not be binding in any subsequent proceeding.

 

2539.4The 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 Director to settle, compromise, pay, or otherwise adjust any claim involving fraud.

 

2539.5The decision of the Director shall be final and subject only to judicial review.

 

2539.6Nothing in this section shall prohibit the Director 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 Director.

 

2539.7Claims by the School of Law against a contractor shall be filed in accordance with §§3802.2 through 3802.5 of chapter 38 of the D.C. Procurement Regulations.

 

2539.8All claims by a contractor against the School of Law arising under or relating to a contract shall be in writing and shall be submitted to the Director of Procurement for an informal hearing and decision in accordance with §§3803 through 3806 of the DCPR.

 

2539.9The Director of Procurement may appoint a Claims Officers to hear a claim against the School of Law, in accordance with the provisions of §3806 of the DCPR. The Claims Officer shall be an employee of the School of Law.

 

2539.10For purposes of this section, all references in chapter 38 of the DCPR to provisions of the D.C. Procurement Practices Act shall be read as references to this section.

 

2539.11The 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 the DCPR.

 

2539.12Within ninety (90) days of receipt of a claim over fifty thousand dollars ($50,000), the 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 the DCPR.

 

2539.13Any failure by the Director to issue a decision on a contract claim within the required time period will be deemed to be a denial of the claim, and will authorize the commencement of a judicial appeal on the claim.

 

source

Final Rulemaking published at 35 DCR 5822 (July 29, 1988).