D.C. Mun. Regs. tit. 19, r. 19-4372

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 19-4372 - CONTRACT TERMINATION

4372.1

The CCO shall terminate contracts for default or convenience only by written notice to the contractor. The CCO shall have the discretion to determine the manner in which the written termination notice is sent to the contractor.

4372.2

The CCO may terminate contracts for default or convenience in whole or in part.

4372.3

The termination notice shall state:

(a) The contract is being terminated for default or for convenience of the Library under the Library's termination clause;

(b) The effective date of the termination;

(c) The extent of the termination; and

(d) Any special instructions to the contractor.

4372.4

The CCO shall have the discretion to amend or cancel a termination when it is in the best interest of the Library.

4372.5

The CCO shall develop clauses for contractor default and Library convenience terminations to be included in all Library solicitations and contracts.

4372.6

The CCO shall develop termination procedures for fixed-price and cost-reimbursement type contracts within 12 months from the date these regulations are promulgated.

4372.7

The CCO shall negotiate and enter into settlement agreements for contracts terminated for convenience.

4372.8

After receipt of the convenience termination notice, the contractor shall:

(a) Stop work immediately on the terminated portion of the contract;

(b) Terminate all subcontracts related to the terminated portion of the contract;

(c) If partial termination, perform the portion of the contract not terminated and promptly submit any request for equitable adjustment of price for the continued portion, supported by any evidence to justify the increase in price, if applicable.

(d) Settle outstanding liabilities resulting from the termination of subcontracts or other commitment related to the terminated portion of the contract; and

(e) Promptly submit the contractor's own settlement proposal with supporting documentation to the CCO.

4372.9

The CCO shall include all termination notices and actions taken as a result of a termination in the contract file.

4372.10

A subcontractor has no priority of contract or contractual rights against the Library upon the termination of a prime contract.

4372.11

When a prime contract is terminated, the prime contractor and each subcontractor are responsible for the prompt settlement of their settlement proposals.

D.C. Mun. Regs. tit. 19, r. 19-4372

Final Rulemaking published at 55 DCR 493 (January 18, 2008)