WORLD TRADE CENTER - RESIDENTIAL APARTMENTS

NYC 9/11 Public Portal Document @ Finality of Agency Head Decision. The Agency Heads decision stall be Snal and binding on all partes, uniess presented to the Contract Dispure Resointion Board ("CORB") pursuant to this section. The City may not take a pention to the CDRB. However, should the suppiier mke such 2 petition, the City may seek, and the CORB may render, 2 determmation jess favorabie to the suppher and more favorable to the City than the decision of the Agency Head 5. Presentation of Dispute to the Commproiler. Before any dispme may be brought by the suppiier to the CORB, the supplier must first present its claim to the Comproller for his or her review, investigation, and possiple adjustment (2) Tune, Form, end Coment of Notice. Within thirty (30) days af receipt of a decision by the Agency Hear, the suppier shell submit to the Comptroller and to the Agency Head 2 Notice of Clann regarding its dispure with the agency. The Notice of Claim shail consis: of (i) 2 brief statement of the substance of the dispute, the amount of money, if any, claimed and the reason(s) the suppiter contends the dispute wes wrongiy decided by the Agency Head: (ii) a copy of the decision of the Agency Head, and (31) a copy of all materiais submited by the supplier to the agency, incinding the Notice of Dispute. The supplier may not present to the Comptroller any materiai not presented to the Agency Head, except at the request of the Comptrotier. (b) Agency Resvonse. Within thirty (30) davs of recemr of the Notice of Clann. the agency shail make available to the Comptroller a copy of ail material supmined by the agency to the Agency Head in comnection with the dispute. The agency mav not present to the Comptroiier any material not presented to the Agency Head, except at the request of the Comprrolier. (c) Commrrolier invesugation. The Compwoiler may investigate the clann in dispute and, m the course of such Investigation, Imay exercise ail powers provided in sections 7-20] and 7-203 of the New York City Administrative material the Comptroller ceems pertment to the claim, inciuding original business records of the suppiter. Willful faitore of the suppiter to produce within fifteen (15) days any muteriai requested by the Camprroiler shail consnuite a waiver by @ Opportunity of Camproiier to Comroromise or Adjust Clamm. The Commprrlier shali have forty-five (45) days from bis or her recemt of all materiais rederred to in 5(c) to investigate the disputed claim. The pened for invesigaton snd compromuss may be further saenced by agreement between the supplier and the Comnroiler, toa maamum of mmety (90) days fom the Comprroiler’s receipt of all the materzzis. The suppiter may not present its petition to the CDRB umul the period for mvestigation and compromise delinested in this paragraph has expired. In compromising of adjusting any ciaim hereunder, the Camproiler may not revise or disregard the terms of the cantraxt between the partis. 6) Contract Dispute Resohmion Board. There shall be a Contract Dispute Resohwion Board commosed ot . (a) the chief ademmsrative iaw judge of the Office of Administrative Triais and Hearmes (OATH) or inciuding, but not imtss to, granting extensions of time to presemt or respond to submissions; (b) the City Chief Procurement Officer (°CCPO") or his/her designes, ar in the case of disputes invoiving canstrnction, the Direstar of the Office of Camstruction or his/her designes; any designee shall have the requisite background to consider and resoive the mers of the dispute and shall not have participated personaiiy and substantially in the particular mamer that is the subject of the dispute or report to anyone who so NYC-WTC_000154186