3604.1 After the contracting officer issues an unpriced change order, the contracting officer and the contractor shall execute a separate bilateral modification reflecting the resulting equitable adjustment in contract terms.

3604.2 If the contracting officer and the contractor agree in advance to an equitable adjustment in the contract price, delivery terms, or other contract terms, the contracting officer shall issue a bilateral contract modification and shall not be required to issue a change order.

3604.3 The contracting officer shall negotiate an equitable adjustment resulting from a change order in the shortest practicable time.

3604.4 If required by the Act or chapter 16 of this title, the contracting officer shall ensure that a cost analysis is made in accordance with §308 of the Act.

3604.5 To avoid subsequent controversies that may result from a modification containing an equitable adjustment as the result of a change order, the contracting officer shall do the following:

(a) Ensure that all elements of the equitable adjustment have been presented and resolved; and

(b) Include in the modification a release statement, approved by the Director, in which the contractor releases the District from any liability for further equitable adjustments attributable to the facts or claims giving rise to the contractor's proposal for adjustment, unless specific exceptions are expressly set forth in the release statement.

3604.6 Failure to agree to any adjustment shall be a dispute under the disputes clause in the contract and shall be resolved in accordance with the procedures set forth in the Act and chapter 38 of this title. However, nothing in this section shall excuse the contractor from proceeding with the contract as changed, except as provided otherwise in §3603.6.

SOURCE: Final Rulemaking published at 35 DCR 1686 (February 26, 1988).