Section 30-2031. TERMINATION OF CONTRACTS

 

2031.1The Director of Procurement may terminate without liability to the Agency any contract and may deduct from the contract price or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid in violation of this chapter or the applicable provisions of the Title 27 DCMR, in any of the following circumstances:

 

(a) 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;

 

(b) There has been any breach or violation of any provision of this chapter or applicable provisions of Title 27 DCMR; or

 

(c) There has been any breach or violation of the contract provision against contingent fees.

 

2031.2If a- contract is terminated pursuant to this section, the contractor may be paid only the actual costs of the work performed to the date of termination, plus termination costs, if any, and shall refund all profits or fixed fees realized under the contract.

 

2031.3The provisions of Chapter 37 of Title 27 DCMR shall apply to procurement by the Agency, except as provided otherwise in this section.

 

2031.4The provisions of §§3705.4 and 3705.6 of Title 27 DCMR shall apply to procurement by the Agency; Provided, that the determination letter required shall inform the contractor of appeal rights and procedures available to the contractor under the disputes clause of the contract and under the provisions of this chapter and Chapter 38 of Title 27 DCMR as modified by this chapter.

 

source

Final Rulemaking published at 36 DCR 6681, 6698 (September 22, 1989).