Section 27-1001. COMPLIANCE WITH PROCUREMENT ACT AND REGULATIONS

 

1001.1Except as otherwise provided in the Act or this section, a contract which is  entered into in violation of the Act and this title is void.

 

1001.2Notwithstanding the provisions of § 1001.1, a contract shall not be void if  a determination is made that good faith has been shown by all parties and  the violation of the provisions of the Act and this title are de minimis.  The  determination of good faith may be made by any of the following:

 

(a)  The Director;

 

(b)  The Contract Appeals Board; or

 

(c)  A court of competent jurisdiction.

 

1001.3The Director’s determination of good faith and that a violation of the provisions of the Act and this title are de minimis made pursuant to § 1001.2(a) shall be in writing based upon a written request for review by the contractor or contracting officer.  The request shall fully describe the contract, the status of performance, the reason why the contract is void, and the grounds for the determination.

 

authority

The Chief Procurement Officer of the District of Columbia (CPO), pursuant to the authority set forth in sections 201, 204, 416, 1105 and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-352.01, 2-352.04, 2-354.16, 2-361.05 and 2-361.06 (2011 Repl.)) (Act).

source

Final Rulemaking published at 35 DCR 1385 (February 26, 1988); as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 9071 (September 27, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 11071 (December 23, 2011).

EditorNote

Notice of Final Rulemaking published at 58 DCR 11071 (December 23, 2011) repealed the pre-existing chapter 10 (District of Columbia Procurement System) and replaced it with a new chapter 10 which included new sections.