S.B. 416

VETOES

(2)     the facts on which the contract claim is based; and

(3)     all relevant data and correspondence that may substantiate the
contract claim.

(c)      (1) Subject to paragraph (2) of this subsection, the head of the unit
engaged in procurement of the construction shall review the contract claim.

(2) If the unit is part of a principal department or other equivalent unit,
the Secretary of the principal department or the equivalent official shall review the
contract claim, unless review has been delegated by regulation to the head of the unit.

(d)     The person who reviews a contract claim under subsection (c) of this
section shall:

(1)     investigate the contract claim; and

(2)     give the contractor written notice of a resolution of the contract claim:

(i) within 90 days after receiving the contract claim or a longer
period to which the parties agree, if the amount of the contract claim is not more than
the amount under which the accelerated procedure may be selected before the
Appeals Board; or

(ii) for any other contract claim, within 180 days after receiving the
contract claim or a longer period to which the parties agree.

(e)     Recovery under a contract claim is not allowed for any expense incurred:

(1)     more than 30 days before the required submission of a notice of a
claim under subsection (a) of this section; or

(2)     unless the time for submission of a claim is extended under
subsection (b) of this section, more than 120 days before the required submission of
the claim.

(f)      (1) If the unit determines that it is responsible for a portion but not all of
the amount claimed by the contractor, subject to the terms of the contract, the unit
shall pay the undisputed amount.

(2) Payment of the undisputed amount:

(i) is not an admission of the liability of the unit on the claims; and

(ii) does not preclude recovery of the amount paid if it subsequently
is determined that the determination of the unit was not correct.

(g)     (1) A decision not to pay a contract claim is a final action for the purpose
of appeal to the Appeals Board.

(2) The failure to reach a decision within the time required under
subsection (c) of this section may be deemed, at the option of the contractor, to be a
decision not to pay the contract claim.

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