D.C. Mun. Regs. r. 27-4729

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 27-4729 - CONTRACT TERMINATION

4729.1

All contracts awarded by the Department shall include "Termination for Default" and "Termination for Convenience" clauses specifically defining the Department's termination rights.

4729.2

When exercising the Department's rights under a termination clause in the contract, the Contracting Officer shall provide the contractor with a written notice specifying:

(a) Whether the termination is for default or for convenience;

(b) The effective date of the termination;

(c) The extent of the termination if the termination is partial; and

(d) Any special instructions that apply to the termination (for example, instructions concerning the disposition of contract inventory).

4729.3

After terminating a contract for convenience, the Contracting Officer shall request a settlement proposal from the contractor and shall attempt to negotiate a settlement that resolves all of the parties' rights and liabilities except those arising from any portion of the contract still in effect. If the parties negotiate a settlement, the Contracting Officer shall prepare a memorandum describing the principal elements of the settlement and shall include the memorandum in the contract file.

4729.4

The Department may terminate, without liability, any contract if the contractor has been convicted of a crime arising out of or in connection with the procurement of any work to be done or any payment to be made under the contract, or there has been a violation of the PPRA. The Director shall be entitled to recover from the contractor those sums outlined in section 903 of the PPRA in addition to any other rights or remedies provided by law.

D.C. Mun. Regs. r. 27-4729

Notice of Emergency and Proposed Rulemaking published at 58 DC 8805 (October 14, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 985, 1013 (February 10, 2012)

Authority: The Interim Director of the Department of General Services (Department), pursuant to section 1106(a)(2) of the Procurement Practices Reform Act of 2010, effective April 8, 2011(D.C. Law 18-371; D.C. Official Code § 2-361.06(a)(2) )(2011 Repl.); sections 1025(a) and 1029 of the Department of General Services Establishment Act of 2011, effective September 14, 2011(D.C. Law 19-21; 58 DCR 6226); and Mayor's Order 2011-168, dated October 5, 2011.