(a) The CPO may terminate, without liability, any contract if:
(1) The contractor has been convicted of a crime arising out of or in connection with the procurement of any work to be done or any payment to be made under the contract; or
(2) There has been a violation of this chapter.
(b) If a contract is terminated pursuant to this section, the contractor shall:
(1) Be paid only the actual costs of the work performed to the date of termination, plus termination costs, if any;
(2) Refund, and the CPO shall recover, all profits or fixed fees realized under the contract; and
(3) Refund, and the CPO shall recover, any other fee, commission, percentage, gift, compensation, or similar consideration paid, including contingent fees and brokerage fees.
(c) The rights and remedies in this section shall be in addition to any other right or remedy provided by law and the exercise of any of them shall not constitute a waiver of any other right or remedy provided by law.
(Apr. 8, 2011, D.C. Law 18-371, § 903, 58 DCR 1185.)
Structure District of Columbia Code
Title 2 - Government Administration
Chapter 3A - Government Procurement
Subchapter IX - Prohibited Actions; Remedies
§ 2–359.02. Improper contracts
§ 2–359.03. Termination of contracts
§ 2–359.04. Sovereign immunity defense not available
§ 2–359.05. District government not liable for punitive damages
§ 2–359.06. Claims by District government against contractors
§ 2–359.07. Debarment and suspension
§ 2–359.08. Claims by contractors against the District government
§ 2–359.10. Employees subject to employee conduct standards of Merit Personnel Act