Code of the District of Columbia

§ 2–359.06. Claims by District government against contractors.

(a)(1) All claims by the District government against a contractor arising under or relating to a contract shall be decided by the contracting officer, who shall issue a decision in writing and furnish a copy of the decision to the contractor.

(2) The decision shall be supported by reasons and shall inform the contractor of his or her rights as provided in this subchapter. Specific findings of fact shall not be required, but, if made, shall not be binding in any subsequent proceeding.

(3) This subsection shall not apply to a claim or dispute for penalties or forfeitures prescribed by a law or rule which another District government agency is specifically authorized to administer, settle, or determine.

(4) This subsection shall not authorize the contracting officer to settle, compromise, pay, or otherwise adjust any claim involving fraud.

(b) The decision of the contracting officer shall be final and not subject to review unless an administrative appeal or action for judicial review is timely commenced as authorized by § 2-360.04.

(c) This subchapter shall not prohibit the contracting officer from including a clause in District government contracts requiring that pending final decision of an appeal, action, or final settlement, a contractor shall proceed diligently with performance of the contract in accordance with the decision of the contracting officer.


(Apr. 8, 2011, D.C. Law 18-371, § 906, 58 DCR 1185.)

Prior Codifications

2001 Ed., § 2-308.03.