5349.1 If a Claims Officer or Hearing Examiner conducts the hearing, the Claims Officer or Hearing Examiner shall make a written recommendation to the General Manager.

5349.2 The final decision of the General Manager shall be based upon the contract file, other documents filed by the parties, and the testimony and evidence presented at the hearing and be in accordance with applicable laws and regulations.

5349.3 The final written decision of the General Manager shall include the following:

(a) A description of the claim or dispute;

(b) Reference to the pertinent contract terms;

(c) A statement of the factual areas of agreement and disagreement;

(d) A determination granting or denying the claim, in whole or in part, with the reasons for the determination;

(e) If all or any part of the claim is determined to be valid, a determination of the amount of monetary settlement, the contract adjustment to be made, or other relief to be granted; and

(f) A notice that the decision is final.

5349.4 The General Manager's decision shall be delivered or mailed by certified mail, return receipt requested to the contractor and a copy of the decision shall be provided to the Contracting Officer.

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