Section 27-3716. REPURCHASE AGAINST CONTRACTOR'S ACCOUNT

 

3716.1When the goods or services under a terminated contract are still required after termination for default, the contracting officer shall repurchase the same or similar goods or services against the contractor's account as soon as practicable.

 

3716.2The contracting officer shall repurchase similar goods and services at as reasonable a price as practicable, considering the quality and delivery requirements.

 

3716.3The contracting officer may repurchase a quantity in excess of the quantity terminated for default when the excess quantity is needed. However, the costs of any items in excess of the undelivered quantity terminated for default shall not be charged against the defaulting contractor.

 

3716.4Except as provided in §§3716.5 and 3717, the contracting officer shall use the procedures set forth in chapter 15 or chapter 16 of this title, whichever is applicable, to repurchase the terminated goods or services, or any additional requirements needed.

 

3716.5Except as provided in §3717, if the goods or services are required immediately, the contracting officer may reprocure the required goods or the services on an emergency basis in accordance with the provisions of chapter 17 of this title. The period of performance for any services reprocured shall not exceed the limits specified in chapter 17 of this title.

 

3716.6If repurchase is made at a price greater than the price of the goods or services terminated, the contracting officer shall, after completion and final payment of the repurchase contract, make a written demand on the contractor for the total amount of the excess, giving consideration to any increases or decreases in other costs, such as transportation or discounts.

 

source

Final Rulemaking publishing at 35 DCR 1704 (February 26, 1988).