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<br />mitted by the Contractor in support of the <br />claim, and (3) may consider any other <br />information available to him in rendering <br />a decision. The Project Engineer will <br />assemble and maintain a claim record <br />comprised of all written documents sub- <br />mitted by the Contractor in support of the <br />claim and all other written documents <br />considered by the Project Engineer in <br />reaching his decision. All documentation <br />to be considered shall be made available <br />to the Project Engineer and made a part of <br />the claim record during his review of the <br />claim. Once the claim record has been <br />assembled by the Project Engineer, the <br />submission of additional information at <br />any subsequent levels of review by any- <br />one, shall not be permitted. The Project <br />Engineer will provide a copy of the <br />complete claim record to the Contractor <br />when rendering his decision. The Project <br />Engineer's written decision to the Con- <br />tractor will describe the contractual basis <br />and factual information considered by <br />the Project Engineer in reaching his <br />decision. <br />3. The Project Engineer will render a <br />written decision to the Contractor within <br />60 days from his receipt of the Con- <br />tractor's submission of all written docu- <br />mentation supporting the claim, unless <br />both parties agree in writing to an <br />extension. If more than one claim has <br />been filed by the Contractor on the <br />Project, the Project Engineer will have <br />the right to consolidate all related claims <br />and issue one decision on all such claims <br />provided that consolidation of claims <br />does not extend the time period within <br />which the Project Engineer is to render a <br />decision. Consolidation of unrelated <br />claims will not be made. If the Project <br />Engineer fails to render a written <br />decision to the Contractor within the 60 <br />day time period specified herein, or <br />within any extended time period as <br />agreed to by both parties, the Contractor <br />must either: (1) accept this as a denial <br />claim, or (2) appeal the claim to the <br />District Engineer, in the same manner as <br />if the Project Engineer had denied the <br />Contractor's claim, according to sub- <br />section 105.17(d). <br />(d) If the Contractor disagrees with the written <br />decision of the Project Engineer, the Con- <br />tractor must either: (1) accept the Project <br />Engineer's decision as final, (2) file a one- <br />time written appeal to the Project Engineer . <br />with the submission of additional infor- <br />mation, or (3) file a written appeal to the <br /> <br />18 <br /> <br /> <br />District Engineer based upon all information <br />previously submitted and made a part of the <br />claim record. The Contractor's written <br />appeal shall be made within 30 days from his <br />receipt of the Project Engineer's written <br />decision. The Contractor hereby agrees that <br />if a written appeal is not properly filed by <br />him within this specified 30 day time period, <br />the claim shall be considered to be aban- <br />doned by the Contractor and settled in the <br />same manner as if the Contractor had agreed <br />with and accepted the Project Engineer's <br />written decision as final. Failure by the <br />Contractor to properly file a written appeal, <br />according to these specifications, shall bar <br />the Contractor from any further admini- <br />strative remedy for said claim under the <br />Contract. <br />(e) When the Contractor properly files a written <br />appeal to the Project Engineer pursuant to <br />subsection 105.17(d), the Project Engineer <br />will review all new submissions made by the <br />Contractor and render a decision to the Con- <br />tractor pursuant to subsection 105.17(c), <br />except that the decision will be due within 30 <br />days. When a written appeal to the District <br />Engineer is properly filed by the Contractor <br />pursuant to subsection 105.17(d), the Project <br />Engineer will provide the complete claim <br />record, as defined by subsection 105.17(c) 2, <br />to the District Engineer. The claim will be <br />reviewed by the District Engineer, and he <br />will render a written decision to the Con- <br />tractor to either affirm, overrrule, or modify <br />the Project Engineer's decision, in whole or <br />in part, in accordance with all contract ducu- <br />ments and the following procedure: <br />1. For the purpose of this subsection, <br />District Engineer shall be understood to <br />mean the District Engineer or the <br />Assistant District Engineer. <br />2. The District Engineer will maintain the <br />claim record during his review of the <br />claim. The Contractor's written appeal to <br />the District Engineer shall be made a <br />part of the claim record. Either the Con- <br />tractor or the Division may request an <br />oral hearing of the claim before the <br />District Engineer. When an oral hearing <br />is requested by either party, both the <br />Project Engineer and the Contractor's <br />representative shall be present and the <br />hearing shall be conducted at a time <br />which is convenient to all parties. In his <br />analysis of the claim, the District <br />Engineer will consider all written docu- <br />ments in the claim record and all oral <br />presentations in support of that record <br />made by the Contractor and the Projec <br />Engineer. The District Engineer will n <br />