Skip to main content
Loading…
This section is included in your selections.

(a) Construction and Architectural and Engineering Contracts.

(1) Applicability. This section applies to claims by a contractor against WSSC which arise under, or by virtue of, a construction, architectural and engineering, or design/build contract between them. This includes, without limitation, controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission.

(2) Time and Form. All claims by a contractor must be filed in writing with the designated Engineer for the contract within 30 days of the event giving rise to the controversy, dispute, or other matter. The claim must include the following:

(i) Explanation of claim and identification of contract number, including reference to contract provisions upon which it is based;

(ii) Amount of claim;

(iii) Facts upon which claim is based; and

(iv) Copies of any and all documents relevant to the claim.

(3) Engineer’s Final Decision and Appeal. Unless otherwise agreed by the parties, the Engineer will issue a final decision of the Engineer in writing. The Engineer’s decision shall be final and binding upon the parties unless, within 30 days of receipt of the final decision of the Engineer, a contractor serves both the Engineer and the Chief Procurement Officer with a written, internal appeal setting forth in detail the basis of the appeal, the contract provision or provisions relied upon, specific designation of all documents and witnesses that support the internal appeal, and the relief sought.

(4) Response. The Engineer must file a written response to the internal appeal with the Chief Procurement Officer within 30 days of receipt of the appeal. The Engineer must also provide a copy of the written response to the appeal to the contractor.

(5) Authority. The Chief Procurement Officer, after consultation with the General Counsel’s Office, is authorized, prior to commencement of an action in a court concerning the controversy, to attempt to settle a timely submitted internal appeal. The Chief Procurement Officer may delegate this authority to a Hearing Officer who the Chief Procurement Officer appoints in consultation with the General Counsel’s Office and who, preferably, is a private practice attorney or retired judge with expertise and experience in analyzing and resolving these types of disputes.

(6) Informal Hearing. The Chief Procurement Officer, in consultation with the General Counsel’s Office, or the Hearing Officer appointed pursuant to subsection (a)(5) of this section, may convene an informal hearing upon seven days’ notice to both parties for the purpose of either facilitating a settlement or assisting preparation of a final decision. If the informal hearing is held before a Hearing Officer, then, the Hearing Officer shall prepare proposed findings of fact and conclusions of law, which shall be submitted to the Chief Procurement Officer within 15 days of the conclusion of the hearing.

(7) Final Decision. If the internal appeal is not settled, the Chief Procurement Officer will issue a final decision in writing within 45 days after receipt of the Engineer’s written response or within 60 days of the conclusion of an informal hearing. The final decision shall:

(i) State the reasons for the action taken; and

(ii) Inform the contractor of his right to appeal to circuit court the written decision pursuant to subsection (a)(8) of this section.

(8) Appeal to Court. The contractor may appeal the final decision to the Circuit Court for Montgomery County or the Circuit Court for Prince George’s County under the Maryland rules governing administrative mandamus actions.

(b) All Other Contracts.

(1) Applicability. This section applies to claims by a contractor against WSSC which arise under, or by virtue of, a contract that is not a construction, architectural and engineering, or design/build contract. This includes, without limitation, controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission.

(2) Time and Form. All claims must be filed in writing with the Chief Procurement Officer within 30 days of the event giving rise to the controversy, dispute, or other matter. The claim must include the following:

(i) Explanation of claim and identification of contract number, including reference to contract provisions upon which it is based;

(ii) Amount of claim;

(iii) Facts upon which claim is based; and

(iv) Copies of any and all documents relevant to the claim.

(3) Response. A written response to the claim must be filed by the appropriate using department with the Chief Procurement Officer within 30 days of receipt of the claim. The using department must also provide a copy of the written response to the contractor.

(4) Authority. The Chief Procurement Officer, after consultation with the General Counsel’s Office, is authorized, prior to commencement of an action in a court concerning the controversy, to settle a timely submitted claim. The Chief Procurement Officer may delegate this authority to a Hearing Officer who the Chief Procurement Officer appoints in consultation with the General Counsel’s Office and who, preferably, is a private practice attorney or retired judge with expertise and experience in analyzing and resolving these types of disputes.

(5) Informal Hearing. The Chief Procurement Officer, in consultation with the General Counsel’s Office, or the Hearing Officer appointed pursuant to subsection (b)(4) of this section, may convene an informal hearing upon seven days’ notice to both parties for the purpose of either facilitating a settlement or assisting preparation of a final decision. If the informal hearing is held before a Hearing Officer, then the Hearing Officer shall prepare proposed findings of fact and conclusions of law, which shall be submitted to the Chief Procurement Officer within 15 days of the conclusion of the hearing.

(6) Final Decision. If the claim is not settled, the Chief Procurement Officer will issue a final decision in writing within 45 days after receipt of the using department’s written response or within 60 days of the conclusion of an informal hearing. The final decision shall:

(i) State the reasons for the action taken; and

(ii) Inform the contractor of his right to appeal the written decision pursuant to subsection (b)(7) of this section.

(7) Appeal to Court. The contractor may appeal the final decision to the Circuit Court for Montgomery County or the Circuit Court for Prince George’s County under the Maryland rules governing administrative mandamus actions. (Procurement regulations § 6-104, dated August 1, 2012)