D.C. Mun. Regs. r. 27-3803

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 27-3803 - CLAIMS BY CONTRACTORS AGAINST THE DISTRICT

3803.1

If 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.

3803.2

The 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.

3803.3

The contracting officer may meet with the contractor in a further attempt to resolve the claim by agreement.

3803.4

The 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.

3803.5

The 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.

3803.6

The contracting officer's decision shall be delivered in person or mailed by certified mail, return receipt requested, to the contractor.

3803.7

Any 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.

3803.8

If 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.

3803.9

Liability under § 3803.8 shall be determined within six (6) years of the commission of the misrepresentation of fact or fraud.

3803.10

The 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.).

3803.11

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 contracting officer.

D.C. Mun. Regs. r. 27-3803

Final Rulemaking published at 35 DCR 1708 (February 26, 1988); as amended by Emergency and Proposed Rulemaking published at 49 DCR 9348 (October 11, 2002) [EXPIRED]; as amended by Emergency Rulemaking published at 50 DCR 1050 (January 31, 2003) [EXPIRED]; as amended by Emergency Rulemaking published at 50 DCR 3205 (April 25, 2003) [EXPIRED]; as amended by Emergency Rulemaking published at 50 DCR 9271 (October 31, 2003) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 1432 (February 6, 2004); as amended by Notice of Emergency and Proposed Rulemaking published at 59 DCR 1786 (March 2, 2012)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 2911, 2913 (April 13, 2012)

Section 3803 is formerly entitled "Claims by Contractors Against District Government." The Notice of Final Rulemaking published at 59 DCR 2911 (April 13, 2012) renamed the section, "Claims by Contractors Against the District."

Authority: The Chief Procurement Officer of the District of Columbia ("CPO"), pursuant to the authority set forth in sections 906, 908, 1003, 1004, 1008, and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-359.06, 2-359.08, 2-360.03, 2-360.04, 2-360.08, and 2-361.06 (2011 Repl.)) (Act).