Md. Code Regs. 21.10.04.02

Current through Register Vol. 51, No. 8, April 19, 2024

Section 21.10.04.02 - Filing of Claim by Contractor

A. Unless a lesser period is prescribed by law or by contract, a contractor shall file a written notice of a claim relating to a contract with the appropriate procurement officer within 30 days after the basis for the claim is known or should have been known, whichever is earlier.

B. Contemporaneously with or within 90 days of the filing of a notice of a claim on a construction contract, or 30 days of this filing on a nonconstruction contract, but no later than the date that final payment is made, a contractor shall submit the claim to the appropriate procurement officer. On conditions the procurement officer considers satisfactory to the unit, the procurement officer may extend the time in which a contractor, after timely submitting a notice of claim, must submit a contract claim under a procurement contract for construction. An example of when a procurement officer may grant an extension includes situations in which the procurement officer finds that a contemporaneous or timely cost quantification following the filing of the notice of claim is impossible or impractical. The claim shall be in writing and shall contain:

(1) An explanation of the claim, including reference to all contract provisions upon which it is based;

(2) The amount of the claim;

(3) The facts upon which the claim is based;

(4) All pertinent data and correspondence that the contractor relies upon to substantiate the claim; and

(5) A certification by a senior official, officer, or general partner of the contractor or the subcontractor, as applicable, that, to the best of the person's knowledge and belief, the claim is made in good faith, supporting data are accurate and complete, and the amount requested accurately reflects the contract adjustment for which the person believes the procurement agency is liable.

C. A notice of claim or a claim that is not filed within the time prescribed in Regulation .02 of this chapter shall be dismissed.

D. Each procurement contract shall provide notice of the:

(1) Time requirements of this regulation; and

(2) Acceptable methods of filing a claim, including whether and how claims may be filed by electronic means.

E. A claim may be filed by electronic means only if expressly permitted and in the manner specified by the contract.

Md. Code Regs. 21.10.04.02

Regulations .02 adopted effective January 9, 1989 (15:27 Md. R. 3138)
Regulation .02B amended effective October 6, 1997 (24:20 Md. R. 1405); January 24, 2000 (27:1 Md. R. 78)
Regulation .02D amended and E adopted effective October 27, 2003 (30:21 Md. R. 1530)
Regulation .02E amended effective April 7, 2008 (35:7 Md. R. 751)