La. Admin. Code tit. 70 § XXIII-443

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXIII-443 - Termination of Contract

A. The Department of Transportation and Development reserves the right to terminate any contract prior to the end of the contract period upon providing a 10 day written notice to the contractor for:

1. failure to deliver within the time specified in the contract;

2. failure of the product or service to meet specifications;

3. failure to conform to sample quality;

4. failure to be delivered in good condition;

5. unsatisfactory performance;

6. unsatisfactory delivery;

7. unsatisfactory service;

8. misrepresentation by the contractor;

9. fraud;

10. collusion;

11. conspiracy or other unlawful means of obtaining contract;

12. conflict of contract provisions with constitutional or statutory provisions of state or federal law;

13. breach of contract; or

14. if termination is in the best interest of the department.

B. Should the contractor find that due to increase in price or lack of product availability an order cannot be filled, the contractor must submit a request for cancellation to the DOTD procurement director.

C. The DOTD procurement director will make a determination as to whether the contract will be cancelled based upon the reasons sited in the request.

D. All orders delivered prior to the effective date of such termination shall be paid for by the department in accordance with the terms of the contract, whereupon all obligations of both parties to the contract shall cease.

La. Admin. Code tit. 70, § XXIII-443

Promulgated by the Department of Transportation and Development, Office of Purchasing, LR 8:148 (March 1982), amended LR 29:620 (April 2003).

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1551-1736 and 48:204-210.