Section 27-3714. EXCUSABLE FAILURE TO PERFORM AND OTHER NON-TERMINATION ACTIONS

 

3714.1If the contracting officer determines before issuing the termination notice that the failure to perform is excusable in accordance with the contract clause required under §3700.8, the contract shall not be terminated for default. If termination is in the best interests of the District, the contracting officer may terminate the contract for the convenience of the District.

 

3714.2If the contracting officer has not been able to determine before issuance of the notice of termination whether the contactor's failure to perform is excusable, the contracting officer shall make a written decision on that point as soon as practicable after issuance of the notice of termination.

 

3714.3When the contracting officer determines that some action other than a termination for default is in the best interests of the District, the contracting officer may take any one of the following actions:

 

(a)The contracting officer may permit the contractor, the surety, or the guarantor, to continue performance of the contract under a revised delivery schedule;

 

(b)The contracting officer may permit the contractor to continue performance of the contract by means of a subcontract or other business arrangement with an acceptable third party, provided that the rights of the District shall be adequately preserved; or

 

(c)If the requirement for the goods and services in the contract no longer exists, and the contractor is not liable to the District for damages, the contracting officer may execute a no-cost settlement.

 

3714.4The contracting officer may, with the written consent of the contractor, reinstate the terminated contract by amending the notice of termination, after the contracting officer makes a written determination that the goods or services are still required and reinstatement is in the best interests of the District.

 

source

Final Rulemaking publishing at 35 DCR 1703 (February 26, 1988).