5346.1 Contractors shall attempt to resolve all disputes by discussion and agreement with the Contracting Officer before filing a written claim. 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.

5346.2 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 a minimum:

(a) A description of the claim and the amount in dispute;

(b) A copy of the contract and pertinent plans, specifications, modifications, supplemental agreements, addenda, change orders, other exhibits, correspondence, and any other data material to the claim;

(c) A description of the factual basis of the claim and the Contracting Officer's or contractor's efforts to resolve the dispute prior to filing the claim; and

(d) A recommendation for action or request for relief.

5346.3 The contractors' claim shall be filed within (30) calendar days from the date of the occurrence of the event-giving rise to the claim.

5346.4 If the claim is not resolved by mutual agreement, the Contracting Officer shall issue a written decision on the claim within sixty (60) calendar days after the receipt of the claim.

The Contracting Officer's written decision shall:

(a) Grant or deny the contractor's claim, in whole or in part;

(b) Give the reasons for the Contracting Officer's decision;

(c) Inform the contractor of the right to seek further redress by requesting a hearing and decision by the General Manager;

(d) Specifically indicate that the written document is the Contracting Officer's final decision.

5346.5 The Contracting Officer's decision shall be delivered or mailed by certified mail, return receipt requested, to the contractor.

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).