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consider any written documents or oral arguments which have not previously. been made a part of the claim record. 3. The District Engineer will render a written decision to the Contractor within 45 days from his receipt of the Con- tractor's written appeal, unless both parties agree to an extension of time. If the District Engineer fails to render a written decision to the Contractor within the specified 45 day time period, or within any extended time period as agreed by both parties, the Contractor must either: (1) accept this as a denial of the claim, or (2) appeal the claim to the Chief Engineer, in the same manner as if the District Engineer had denied the Con- tractor's claim, according to subsection 105.17(f). (f) If the Contractor disagrees with the written decision of the District Engineer, the Con- tractor must either: (1) accept the District Engineer's decision as final, or (2) file a written appeal to the Chief Engineer within 30 days from his receipt of the District Engineer's written decision. The Contractor hereby agrees that if a written appeal is not properly filed by him within this specified 30 day time period, the claim shall be con- sidered to be abondoned by the Contractor and setteld in the same manner as if the Contractor had agreed with and accepted the District Engineer's written decision as final. Failure by the Contractor to properly file a written appeal according to these specifi- cations shall bar the Contractor from any further administrative remedy for said claim under the Contract. (g) When the Contractor properly files a written appeal to the Chief Engineer pursuant to subsection 105.17(f), the complete claim record as maintained by the District Engineer will be. provided to the Chief Engineer. The Chief Engineer will review said claim and will render a written decision to the Contractor to either affirm, overrule, or modify the District Engineer's decision, in whole or in part, in accordance with the following procedure: 1. The Contractor's written appeal to the Chief Engineer shall be made a part of the claim record. Eitherthe.Contractor or the Chief Engineer may request that a review board be convened to review the claim and provide a recommendation to the Chief Engineer, except that only the Chief Engineer may request that a review board be convened when the value of the claim is less than $20,000. When such a request is made by either party, the review board shall be convened pur- suant to subsection 105.17(h). 2. When a review board is not requested by either the Contractor or the Chief Engineer, the Chief Engineer will render his decision after his review of the infor- mation contained in the claim record. The Chief Engineer will not consider any written documents or oral arguments which have not previously been made available to the District Engineer and properly made a part of the claim record. 3. When a review board is requested by either the Contractor or the Chief Eng- ineer, it shall be convened pursuant to subsection 105.17(h). The Chief Engineer will consider the entire administrative claim record, including the recommen- dation of the review board. The Chief Engieer will not consider any written documents or oral arguments which have not been made available to the review board and made a part of the claim record. The Chief Engineer will not be bound by the recommendation of the review board. The decision of the Chief Engineer will represent the final adminis, trative remedy under the Contract avail- able to the Contractor for said claim, and shall be subject to judicial review pur- suant to 24-4-106, CRS. (h) When requested by either the Contractor or the Chief Engineer, pursuant to subsection 105.17(g), a review board shall be convened to review the facts associated with the claim and to provided a recommendation to the Chief Engineer in accordance with the following procedure: 1. The review board shall consist of three members. One member shall be selected and directly paid by the Contractor. One member shall be selected by the Chief Engineer and directly paid by the Division. The third member shall be selected by mutual agreement of the other two members. Review board mem- bers shall not be employed by or affiliated with the claimant Contractor. Division employees from the District within which the claim originated shall not serve on the review board. Review board members shall not have assisted either in the evaluation, preparation, or presentation of the claim case either for the Contractor or the Division or have rendered an opinion on the merits of the claim for either party, and shall not do so during the proceedings of a review board hearing. The costs and reasonable ex- 19