Applicability

This procedure applies to claims, controversies or disputes between the Maricopa County Community College District and a contractor arising from activities or inactions on a contract between the two. This includes disagreements of any kind, such as claims or disputes asserting breach of contract, mistake, or misrepresentation, contract modification or rescission, and those regarding interpretation of the contract and the parties’ responsibilities under it. It is the policy of the Maricopa County Community College District to attempt to resolve claims, disputes or controversies in good faith, engaging the formal process specified in these procedures only where necessary.

Authority

The Purchasing Manager or, for construction and related service contracts, the Director of Facilities Planning and Development, or their designees, (“Contract Administrator”) are authorized to settle and resolve contract claims, controversies and disputes, subject to the restrictions and limits of section 902.3 and the procedures of the Capital Development Advisory Council. Appeals of final decisions made by the Contract Administrator on a claim, controversy or dispute may be made to the Director of Strategic Business Support Services (“Chief Procurement Officer”) following the format outlined in section 902.4.

Restrictions and Limits

Settlement of a claim is subject, where appropriate, to policies and practices of the Governing Board requiring its approval in certain cases.

The Contract Administrator shall initially consider and resolve claims, controversies and disputes according to the procedures and within the times specified in the contract. In any event, any claim, controversy or dispute must be filed with the Contract Administrator within 180 days after the date that the claim, dispute or controversy arose.

The claim, controversy or dispute not resolved according to the contract’s procedures shall be subject to the procedures specified below. The contractor must file with the Contract Administrator in writing at least the following information, and any other information specified in the contract:

1. The name, address, and telephone number of the contractor and the person representing the contractor.

2. The signature of the person representing the contractor.

3. The contract number or other reference such as bid or RFP number, which will identify the contract.

4. A statement of the legal and/or factual grounds on which the
   claim is based, including copies of information relevant to the claim.

5. The form of relief requested.

If the claim, controversy or dispute cannot be resolved by mutual agreement, the Contract Administrator shall issue a written decision no later than 60 days after the initial claim, controversy or dispute is filed in writing. This final decision from the Contract Administrator shall include:

• A description of the claim;
• Reference to the pertinent contract provisions;
• A statement of the factual areas of agreement or disagreement;
• A statement of the Contract Administrator’s decision with supporting rationale;
• A copy of this procedure, which outlines the appeal process.

The Contract Administrator may extend the time limit for a decision for a reasonable time, not to exceed 30 days, but only with the approval of the Chief Procurement Officer. The Contract Administrator shall notify the contractor in writing that the time for issuance of a decision has been extended and the date in which a decision shall be issued.

Appeal of the Decision of the Contract Administrator

The contractor shall have the right to appeal the decision of the Contract Administrator. It shall file its appeal with the Chief Procurement Officer within five days from the date the decision is received. The appeal shall contain all the information listed in section 902.4 as well as a statement of the precise factual or legal error in the decision of the Contract Administrator from which the appeal is taken.

Issuance of a Timely Decision by the Chief Procurement Officer

The Chief Procurement Officer shall have 30 days in which to render a decision on the appeal. The time limit for a decision by the Chief Procurement Officer may be extended for a reasonable time, not to exceed 30 days, but only upon the approval of the Vice Chancellor for Business Services in consultation with legal counsel. If an extension is granted, the Chief Procurement Officer shall notify the contractor in writing that the time for issuance of a decision has been extended and the date in which a decision shall be issued.

This final decision from the Chief Procurement Officer shall include:

• A description of the claim;
• Reference to the pertinent contract provisions;
• A statement of the factual areas of agreement or disagreement;
• A summary of the procurement officer’s decision;
• A statement of the Chief Procurement Officer’s decision with supporting rationale;

The contractor shall make any appeal of the decision of the Chief Procurement Officer within 5 days of the receipt of the decision. The contractor shall file the appeal with the Chief Procurement Officer.

The appeal shall contain all the information listed in section 902.4 as well as a copy of the decision of the Chief Procurement Officer and a statement of the precise factual or legal error in the decision of the Chief Procurement Officer, from which the appeal is taken.

The Chief Procurement Officer shall notify the Governing Board or its designee of the appeal. The Governing Board or its designee shall conduct any hearing on the appeal. The Governing Board or its designee shall issue a written decision within 30 days after the appeal has been filed.

Controversies Involving District Claims Against a Contractor

All claims asserted by the District against a contractor that are not resolved by mutual agreement shall promptly be referred by the Contract Administrator to the Chief Procurement Officer for a hearing without regard to the procedures outlined above in sections 902.1 through 902.9.