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Hearings on appeals of protest decisions shall be conducted in accordance with section 28-113.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
Content of claim. The claim shall be in writing and shall include the following information:
(a) The name, address, telephone number and email address of the claimant;
(b) The signature of the claimant or its representative;
(c) Identification of the solicitation or contract number;
(d) A detailed statement of the legal and factual grounds of the claim including copies of relevant documents; and
(e) The form of relief requested.
(Ord. No. 10404, § 1, 5-15-07)
Sec. 28-92(1). Written decision. If a contract claim cannot be resolved by mutual agreement, the contract officer shall, upon a written request by the contractor for a final decision, issue a written decision no more than sixty (60) days after the request is filed. Before issuing a final decision, the contract officer shall review the facts pertinent to the contract claim or controversy and secure any necessary assistance from legal, financial, procurement, and other advisors.
Sec. 28-92(2). Final decision. The contract officer shall furnish a copy of the decision to the contractor, by certified mail, return receipt requested, or by any other method that provides evidence of receipt. The decision shall include:
(a) A description of the claim;
(b) A reference to the pertinent contract provision;
(c) A statement of the factual areas of agreement or disagreement;
(d) A statement of the contract officer's decision, with supporting rationale;
(e) A statement regarding the appeals process that is available pursuant to this article.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
Sec. 28-93(1). The time limit for decisions set forth in section 28-92(1) may be extended for good cause. The contract officer shall notify the contractor in writing that the time for the issuance of a decision has been extended and the date by which a decision is anticipated.
Sec. 28-93(2). If the contract officer fails to issue a decision within sixty (60) days after the request on a claim is filed or within the time prescribed under subsection (1) of this section, the contractor may proceed as if the contract officer had issued an adverse decision.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
Sec. 28-94(1). Appeal of final decision. An appeal of a final decision of a contract officer on a claim shall be filed with the director within five (5) days from the date the decision is received. The appellant shall also file a copy of the appeal with the contract officer.
Sec. 28-94(2). Content of appeal. The appeal shall contain a copy of the decision of the contract officer and the basis for the precise factual or legal error in the decision of the contract officer from which an appeal is taken.
Sec. 28-94(3). Remedies for an appeal on a contract claim. The director may affirm the contract claim in whole or in part; or may remand the claim to a hearing in accordance with section 28-96 or to mediation services in accordance with section 28-97 or to arbitration in accordance with section 28-98; or make any other appropriate disposition. If the director sustains the claim in whole or part, remedies may be implemented in accordance with sections 28-96 through 28-98.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
All contract claims asserted by the city against a contractor that are not resolved by mutual agreement shall promptly be referred by the contract officer to the director for a hearing, in accordance with section 28-96, or mediation, in accordance with section 28-97, or arbitration in accordance with section 28-98.
(Ord. No. 10404, § 1, 5-15-07)
Hearings on appeals of claims decisions shall be conducted in accordance with section 28-113.
(Ord. No. 10404, § 1, 5-15-07)
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