27 Miss. Code. R. 100-5-205 - REMEDIES AFTER AN AWARD

If after an award, it is determined that the solicitation or award is in violation of the law then the contract will be canceled in accordance with Section 3-301 (Cancellation of Solicitations).

5-205.01 Termination

Contracts based on awards or solicitations that were in violation of law shall be terminated at no cost to the State, except as may be approved or ratified by the PSCRB in compliance with state law.

5-205.02 Effects of Declaring a Contract Null and Void

In all cases where a contract is voided, no further payments shall be made under the contract and the State is entitled to recover the greater of:

(a) the difference between payments made under the contract and the contractor's actual costs up until the contract was voided; or,

(b) the difference between payments under the contract and the value to the State of the services, if obtained under the contract.

The State may, in addition, claim damages under any applicable legal theory.

5-205.03 Effect of Ratification

The State shall be entitled to any damages it can prove under any theory including, but not limited to, contract and tort regardless of its ratification and affirmation of the contract.

Notes

27 Miss. Code. R. 100-5-205

Adopted 1/15/2015 Amended 1/15/2015 Amended 4/14/2016 Amended 7/1/2016