a) Determination that
Solicitation or
Award
Violates Statute or Rule
If CDB determines or suspects that the solicitation or
proposed award is in violation of statute or rule, it shall report the
circumstances to the CPO or SPO. If the CPO or the SPO finds that the
solicitation or proposed award is in violation of statute or rule, he or she
shall report the circumstances to CDB and the CPO or SPO may cancel the
solicitation or proposed award, or make modifications to correct the violation,
if the correction may be legally accomplished.
b) Determination that
Contract Violates the
Code or this Part
1) If any contract or
amendment to a contract is entered into, or purchase or expenditure of funds is
made, at any time in violation of this Part or any other law, the contract or
amendment may be declared void by the CPO or may be ratified or affirmed,
provided the CPO determines that ratification is in the best interest of the
State. If the contract is ratified and affirmed, it shall be without prejudice
to the State's right to any appropriate damages.
2) If, during the term of a contract, the SPO
determines that the contractor is delinquent in the payment of debt as set
forth in Section 50-11 of the Code, the CPO may declare the contract void if it
determines that voiding the contract is in the best interest of the
State.
3) If, during the term of a
contract, the CPO learns from an annual certification or otherwise determines
that the contractor or subcontractor no longer qualifies to enter into State
contracts, the CPO may declare the contract void if it determines that voiding
the contract is in the best interest of the State. If the voiding is the result
of an action taken by a subcontractor, the contract shall not be void as long
as the contractor terminates the subcontract.
c) Effect of Declaring a
Contract Null and
Void
In all cases in which a contract is voided, the State agency
shall endeavor to return those supplies delivered under the contract that have
not been used or distributed. No further work shall be performed under the
contract. Resolution of any outstanding invoices related to the contract are
subject to approval by the CPO.