§ 29-438. Authority to resolve contract and breach of contract controversies.

(a)

Applicability. This section applies to controversies between the unified government and a contractor and which arise under, or by virtue of, a contract between them. This includes without limitation controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission.

(b)

Authority. The purchasing director or the head of a procuring agency, or a designee of either officer is authorized, prior to commencement of an action in a court concerning the controversy, to settle and resolve a controversy described in subsection (a) of this section. This authority shall be exercised in accordance with regulations promulgated by the unified government administrator.

(c)

Decision. If such a controversy is not resolved by mutual agreement, the purchasing director, the head of a procuring agency or the designee of either officer shall promptly issue a decision in writing. The decision shall state the reasons for the action taken. A decision rendered under this subsection shall be effective until stayed, or reversed by a court of competent jurisdiction.

(d)

Notice of decision. A copy of the decision under subsection (c) of this section shall be mailed or otherwise furnished immediately to the contractor.

(e)

Finality of decision. The decision under subsection (c) of this section shall be exercised in accordance with regulations promulgated by the unified government administrator.

(f)

Failure to render timely decision. If the purchasing director or the head of a procuring agency or the designee of the either officer does not issue the written decision required under subsection (c) of this section within 60 days after written request for a final decision, or within such longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision had been received.

(Ord. No. 64497, § 1(9-103), 6-27-1983)