Code of the District of Columbia

§ 2–360.04. Contractor’s right of appeal to Board.

(a) Except as provided in § 2-359.08, within 90 days after the date of receipt of a decision of the contracting officer, the contractor may appeal the decision to the Board by filing a complaint.

(b) The Board shall provide, to the fullest extent practicable, informal, expeditious, and inexpensive resolution of disputes, shall issue a decision in writing, or take other appropriate action on each appeal submitted, and shall mail or otherwise furnish a copy of the decision to the contractor and the Mayor. All decisions which constitute a final adjudication of appeal on the merits shall be published in the District of Columbia Register.

(c)(1) The rules of the Board shall include a procedure for the accelerated disposition of any appeal from a decision of the contracting officer if the amount in dispute is $50,000 or less.

(2) The procedure shall be applicable at the sole election of the contractor.

(3) Appeals under the accelerated procedure shall be resolved within 180 days from the date the contractor elects to utilize the procedure.

(d)(1) The rules of the Board shall include a small claims procedure for the expedited disposition of any appeal from a decision of the contracting officer if the amount in dispute is $10,000 or less. The procedure shall be applicable at the sole election of the contractor.

(2) The small claims procedure shall provide for simplified rules of procedure to facilitate the decision of any appeal. The appeals may be decided by a single member of the Board with any concurrences required by rule.

(3) Appeals under the small claims procedure shall be resolved, whenever possible, within 90 days from the date on which the contractor files an appeal.

(4) A decision against the District government or the contractor reached under the small claims procedure shall be final and conclusive and shall not be set aside except in cases of fraud.

(5) Administrative determinations and final decisions under the small claims procedure shall have no value as precedent for future cases under this subchapter.


(Apr. 8, 2011, D.C. Law 18-371, § 1004, 58 DCR 1185.)

Prior Codifications

2001 Ed., § 2-309.04.

Section References

This section is referenced in § 2-359.06.