Current through Register Vol. XLI, No. 50, December 13, 2024
Section 115-9-6 - Process in event of dispute6.1. In the event of a dispute with a vendor, the agency will attempt to resolve any issues with the vendor prior to pursuing available remedies.6.2. The agency may cancel a purchase or contract immediately if the vendor has obtained the contract by fraud, collusion, conspiracy; an organizational conflict of interest is identified; funds are not appropriated for the acquisition; the contract was awarded in error; if the contract is in conflict with any statutory or constitutional provision; or if the vendor has failed to honor any contractual term or standard commercial practice.6.3. In the event that a vendor fails to honor any contractual term or condition, or violates any provision of federal, state, or local law, regulation, or ordinance, the agency shall provide the vendor with notice of cancellation and may request that the vendor remedy the contract breach or legal violation within a reasonable time frame given the nature of the breach or violation. If the vendor fails to remedy the contract breach or legal violation within the stated time frame, the contract may be canceled immediately.6.4. If the contract was the subject of competitive bids, the agency may award the canceled contract to the next lowest responsible bidder that met specifications without a subsequent solicitation if that bidder is able to perform at the price contained in its original bid submission and the contract has not yet commenced. If the contract was the subject of competitive bids and the vendor's failure has increased or significantly changed the scope of the original contract, the contract may not be re-awarded without competitive bids.6.5. The agency may cancel any purchase or contract for any reason upon providing the vendor with 30 days' notice of the cancellation.