A. All claims by a contractor against the Borough relating to a contract shall be submitted in writing. Claims relating to a contract that provides for arbitration shall be submitted in accordance with the provisions of the contract. Claims relating to any other contract shall be submitted to the Chief Procurement Officer for a decision. Claims include, without limitation, controversies arising under a contract, and those based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission.

B. The decision of the Chief Procurement Officer shall be promptly issued in writing, and shall be immediately mailed or otherwise furnished to the contractor. The decision shall state the reasons for the decision reached, and shall inform the contractor of its appeal rights under subsection (C) of this section.

C. The Chief Procurement Officer’s decision shall be final and conclusive unless, within 10 calendar days from the date of receipt of the decision, the contractor mails or otherwise delivers a written appeal to the Borough Mayor or commences an action in a court of competent jurisdiction.

D. If the Chief Procurement Officer does not issue a written decision regarding any contract controversy within 30 days after written request for a final decision, or within such longer period as may be agreed upon between the parties, then the aggrieved party may proceed as if an adverse decision had been received. (Ord. 2002-29 § 38, 2002; Ord. 97-011 § 2, 1997; Ord. 82-69, 1982. 2004 Code § 16.65.020.)