Section 5-D127. CONTRACT TERMINATION

 

127.1All contracts awarded by the Office shall include “Termination for Default” and “Termination for Convenience” clauses specifically defining the Office’s termination rights. 

 

127.2When exercising the Office’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). 

 

127.3After 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.

 

authority

The Director of the Office of Public Education Facilities Modernization, pursuant to section 702(b) of the District of Columbia Public Education Reform Amendment Act of 2007 (Act), effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-451(b)) (2007 Supp.).

source

Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11214 (November 26, 2010).