D.C. Mun. Regs. r. 27-4733

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 27-4733 - CLAIMS BY THE CONTRACTOR AGAINST THE DISTRICT
4733.1

All claims by a contractor against the District government arising under or relating to a contract shall be in writing and shall be submitted to the Contracting Officer for a decision.

4733.2

Within one hundred twenty (120) days after receipt of a claim, the Contracting Officer 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 the contractor provides to support his or her claim. Failure of the Contracting Officer to issue a decision on a contract claim within the required time period shall be deemed to be a denial of the claim and shall authorize the commencement of an appeal on the claim.

4733.3

If a contractor is unable to support any part of his or her claim and it is determined 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 government for an amount equal to the unsupported part of the claim in addition to all costs to the District government attributable to the cost of reviewing that part of the contractor's claim. Liability under this section shall be determined within six (6) years of the commission of the misrepresentation of fact or fraud.

4733.4

Appeals of decisions by the Contracting Officer shall be made to the District of Columbia Contract Appeals Board in accordance with title X of the PPRA.

4733.5

Interest on amounts found due to a contractor on claims shall be payable at a rate set in D.C. Official Code § 28-3302(b) (2011 Repl.) applicable to judgments against the District government from the date the contracting officer receives the claim until payment of the claim.

D.C. Mun. Regs. r. 27-4733

Notice of Emergency and Proposed Rulemaking published at 58 DC 8805 (October 14, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 985, 1015 (February 10, 2012)
Authority: The Interim Director of the Department of General Services (Department), pursuant to section 1106(a)(2) of the Procurement Practices Reform Act of 2010, effective April 8, 2011(D.C. Law 18-371; D.C. Official Code § 2-361.06(a)(2) )(2011 Repl.); sections 1025(a) and 1029 of the Department of General Services Establishment Act of 2011, effective September 14, 2011(D.C. Law 19-21; 58 DCR 6226); and Mayor's Order 2011-168, dated October 5, 2011.