D.C. Mun. Regs. tit. 8, r. 8-B3061

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

Rule 8-B3061 - CONTRACT TERMINATION

3061.1

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.

3061.2

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

3061.3

The termination notice shall state:

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

(b) The effective date of the termination;

(c) The extent of the termination; and

(d) Any special instructions to the contractor.

3061.4

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

3061.5

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

3061.6

The CCO shall develop termination procedures for fixed-price and cost-reimbursement type contracts.

3061.7

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

3061.8

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.

3061.9

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

3061.10

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

3061.11

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. 8, r. 8-B3061

Final Rulemaking published at 57 DCR 2630 (Mar. 2010)

Authority: D.C. Official Code § 38-1202.01 (2001 ed.)