Current through Register Vol. XLI, No. 50, December 13, 2024
Section 117-6-9 - Remedies9.1. Contract Cancellation. 9.1.1. The Executive Director or Associate Director may cancel a purchase a purchase or contract immediately under any one of the following conditions including, but not limited to: 9.1.1.a. The vendor agrees to the cancellation;9.1.1.b. The vendor has obtained the contract by fraud, collusion, conspiracy, or is in conflict with any statutory or constitutional provision of the State;9.1.1.c. Failure to honor any contractual term or condition or to honor standard commercial practices;9.1.1.d. The existence of an organizational conflict of interest is identified;9.1.1.e. Violation of any federal, state, or local law, regulation, or ordinance, and9.1.1.f. The contract was awarded in error.9.1.2. The Executive Director or Associate Director may cancel a purchase or contract for any reason or no reason, upon providing the vendor with 30 days' notice of the cancellation.9.2. Opportunity to Cure. 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 Executive Director or Associate Director may request that the vendor remedy the contract breach or legal violation within a time frame the Executive Director or Associate Director determines to be appropriate. If the vendor fails to remedy the contract breach or legal violation or the Executive Director or Associate Director determines, at his or her sole discretion, that such a request is unlikely to yield a satisfactory result, then he or she may cancel immediately without providing the vendor an opportunity to perform a remedy.9.3. Re-Award. The Executive Director or Associate Director may award the cancelled contract to the next lowest responsible bidder without a subsequent solicitation if the following conditions are met:9.3.1. The next lowest responsible bidder (or next highest scoring bidder if best value procurement) is able to perform at the price contained in its original bid submission, and9.3.2. The contract is an open-end contract, a one-time purchase contract, or a contract for work which has not yet commenced.