D.C. Mun. Regs. tit. 8, r. 8-B3068
The University shall attempt to resolve all disputes arising under or relating to contracts by mutual agreement informal discussions between the contractor and CCO.
The CCO is encouraged to use Alternative Dispute Resolution (ADR) procedures whenever possible, however, certain factors may make the use of ADR inappropriate.
Any dispute arising under or relating to a contract which is not resolved by informal discussions shall be resolved in accordance with this Section.
The CCO shall include a Disputes clause in each solicitation and contract that provides for resolution of disputes in accordance with the provisions of this Section.
A routine request for payment that is not in dispute when submitted is not a claim under these Regulations. A contractor's submission or request may be converted to a claim under this Section by the contractor complying with the submission and certification requirements of this Section if it is disputed or is not acted upon in a reasonable time.
A contractor's claim shall be submitted in writing to the CCO for a written decision. The CCO or designee shall hold informal discussions with the contractor in an attempt to resolve contract disputes.
A claim by the University against the contractor shall be subject to a written decision by the CCO.
For contractor claims exceeding one hundred thousand dollars ($100,000), the contractor shall submit with the claim a certification that:
The contractor's certification shall be executed by the authorized individual of the contractor.
When a claim by or against a contractor cannot be satisfied or settled by mutual agreement and a decision on the claim is necessary, the CCO shall prepare a written decision, which must be approved for legal sufficiency by the University's legal counsel, within forty-five (45) calendar days of receipt of the contractor's claim. The CCO's written decision shall do the following:
A failure of the CCO to issue a decision within forty-five (45) calendar day period shall be deemed a decision by the CCO denying the claim and authorizes the contractor to file an appeal with the Contracts Review Committee.
If applicable, the contractor may file an appeal from the CCO's final decision with the Contracts Review Committee, within ten (10) calendar days from receipt of the CCO's written decision.
The Contracts Review Committee may conduct an informal hearing and issue a decision for claims of one hundred thousand dollars ($100,000) or less within thirty (30) calendar days of receipt of the contractor's appeal.
For claims over one hundred thousand dollars ($100,000), the Contracts Review Committee may conduct an informal hearing and issue a written decision within forty-five (45) calendar days after receiving the contractor's appeal.
If a decision will not be issued by the Contracts Review Committed within forty-five (45) calendar days, the CCO shall notify the contractor as to when a decision will be issued.
The Contracts Review Committee's decision shall advise the contractor of the right to appeal its decision to the District of Columbia Contract Appeals Board.
The CAB shall have exclusive jurisdiction to hear and decide appeals from final decisions of the Contracts Review Committee.
The contractor shall exhaust all administrative review procedures provided in this Section fully and properly before appealing to the CAB.
If the contractor is unable to support any part of claim and there is evidence of fraud or misrepresentation on the part of the contractor, the CCO shall refer the matter to the District of Columbia Inspector General.
D.C. Mun. Regs. tit. 8, r. 8-B3068