Rhode Island Code of Regulations
Title 220 - Department of Administration
Chapter 30 - Purchases
Subchapter 00 - N/A
Part 8 - Contracts (220-RICR-30-00-8)
Section 220-RICR-30-00-8.8 - Termination and Cancellation Of Contract
Universal Citation: 220 RI Code of Rules 30 00 8.8
Current through September 18, 2024
A. If required bidder certifications are determined to be invalid, the Purchasing Agent shall declare the purchase order void.
B. Notice of termination by either party shall be submitted in writing to the other party in accordance with the termination clause of the contract.
C. Cancellation of a Contract by the State
1. Cancellations of
Purchase Order Contracts or Master Pricing Agreements shall require the
signature of the Purchasing Agent or his designee.
2. A contract may be cancelled or annulled at
the contractor's expense upon determination by the Purchasing agent that a
condition of nonperformance exists.
3. "Nonperformance" shall mean lack of
compliance with the contract specifications and/or terms and
conditions.
4. Cancellation by the
Purchasing Agent for nonperformance shall be subject to the following rules:
a. A formal complaint of nonperformance or
unsatisfactory performance shall be submitted by an authorized state official
to the Purchasing Agent. Such complaint shall provide a description of and
justification for the complaint.
b.
The Purchasing Agent shall direct the complaint to the Standards and Inspection
Unit (SIU) of the Office of Purchases.
c. The SIU inspector, in conjunction with the
Office of Purchases official (buyer) responsible for the contract, shall be
authorized to attempt to resolve the problem to the satisfaction of the user
agency.
d. The inspector and buyer
shall report in writing to the Purchasing Agent whether the problem requires
formal action, and if the problem has not been resolved, the Purchasing Agent
shall notify the contractor in writing that he/she is not in compliance with
the contract. Such notice of nonperformance shall:
(1) specify the nature of the
complaint,
(2) direct the
contractor to take corrective action,
(3) direct the contractor to respond in
writing to the notice of nonperformance within a specified time period,
and
(4) notify the contractor that
failure to respond as directed may result in cancellation of the
order.
5. If
a contractor fails to take corrective action and/or respond to a notice of
nonperformance, the Purchasing Agent may issue a change order canceling the
contract.
6. If, after reviewing
the contractor's response, the Purchasing Agent determines that the contractor
is not out of compliance with the contract requirements, he shall so notify the
user agency and the contractor in writing, providing a rationale for his
decision.
7. If the Purchasing
Agent determines that valid extenuating circumstances out of the control of the
contractor have prevented compliance with the contract requirements, he shall
so inform the user agency and may amend the contract to provide for a
reasonable opportunity for the vendor to perform the contract, if
necessary.
8. If the Purchasing
Agent believes that a contractor's action or lack thereof presents a clear and
immediate danger to the public interest, he may request in writing that the
Chief Purchasing Officer authorize immediate termination of the contractual
relationship.
9. Copies of all
communications with a contractor regarding nonperformance shall be sent to the
contractor's bonding company, power of attorney and the Department of
Administration legal counsel.
10.
If the Purchasing Agent determines that a contractor is unwilling or unable to
perform a contract, he shall:
a. direct the
contractor's bonding company to assume responsibility for the performance of
the contract if a performance bond has been issued; and
b. so notify the user agency and contractor;
and
c. notify the contractor
whether he/she has been temporarily suspended or permanently debarred from the
state Bidders List and shall be responsible for any costs incurred by the state
in the completion of the contract.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
