Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 4 - CONTRACT ADMINISTRATION › Sec2 12-9-4-101 - MODIFICATION AND TERMINATION OF CONTRACTS FOR SERVICES › Section 12-9-4-101.05 - Termination for Default Clause (Required)

Current through June 25, 2024
TERMINATION FOR
					 DEFAULT
(1)
Default.
If the contractor refuses or fails to
				  perform any provisions of this contract with such diligence as will ensure its
				  completion within the time specified in this contract, or any extension
				  thereof, or otherwise fails to timely satisfy the contract provisions, or
				  commits any other substantial breach of this contract, the Chief Procurement
				  Officer of the [State] may notify the contractor in writing of the delay or
				  nonperformance and if not cured in ten (10) days or any longer time specified
				  in writing by the Chief Procurement Officer, such officer may terminate the
				  contractor's right to proceed with the contract or such part of the contract as
				  to which there has been delay or a failure to properly perform. In the event of
				  termination in whole or in part, the Chief Procurement Officer may procure
				  similar services in a manner and upon terms deemed appropriate by the Chief
				  Procurement Officer. The contractor shall continue performance of the contract
				  to the extent it is not terminated and shall be liable for excess costs
				  incurred in procuring similar goods or services.
(2)
Contractor's Duties.
Notwithstanding termination of the contract and subject to any directions from
				  the Chief Procurement Officer, the contractor shall take timely, reasonable,
				  and necessary action to protect and preserve property in the possession of the
				  contractor in which the State has an interest.
(3)
Compensation.
Payment for completed services delivered and accepted by the [State] shall be
				  at the contract price. The [State] may withhold from amounts due the contractor
				  such sums as the Chief Procurement Officer deems to be necessary to protect the
				  [State] against loss because of outstanding liens or claims of former lien
				  holders and to reimburse the [State] for the excess costs incurred in procuring
				  similar goods and services.
(4)
Excuse for Nonperformance
				  or Delayed Performance.
Except with respect to defaults of
				  subcontractors, the contractor shall not be in default by reason of any failure
				  in performance of this contract in accordance with its terms (including any
				  failure by the contractor to make progress in the prosecution of the work
				  hereunder which endangers such performance) if the contractor has notified the
				  Chief Procurement Officer within 15 days after the cause of the delay and the
				  failure arises out of causes such as: acts of God; acts of the public enemy;
				  acts of the State and any other governmental entity in its sovereign or
				  contractual capacity; fires; floods; epidemics; quarantine restrictions;
				  strikes or other labor disputes; freight embargoes; or unusually severe
				  weather. If the failure to perform is caused by the failure of a subcontractor
				  to perform or to make progress, and if such failure arises out of causes
				  similar to those set forth above, the contractor shall not be deemed to be in
				  default, unless the services to be furnished by the subcontractor were
				  reasonably obtainable from other sources in sufficient time to permit the
				  contractor to meet the contract requirements.
Upon request of the contractor, the Chief
					 Procurement Officer of the [State] shall ascertain the facts and extent of such
					 failure, and, if such officer determines that any failure to perform was
					 occasioned by any one or more of the excusable causes, and that, but for the
					 excusable cause, the contractor's progress and performance would have met the
					 terms of the contract, the delivery schedule shall be revised accordingly,
					 subject to the rights of the [State] under the clause entitled (in fixed-price
					 contracts, "Termination for Convenience," or in cost-reimbursement contracts,
					 "Termination"). (As used in this Paragraph of this clause, the term
					 "subcontractor" means subcontractor at any tier).
(5)
Erroneous Termination for
				  Default.
If, after notice of termination of the contractor's right to
				  proceed under the provisions of this clause, it is determined for any reason
				  that the contract was not in default under the provisions of this clause, or
				  that the delay was excusable under the provisions of Paragraph (4) of this
				  clause, the rights and obligations of the parties shall, if the contract
				  contains a clause providing for termination for convenience of the [State], be
				  the same as if the notice of termination has been issued pursuant to such
				  clause.
(6)
Additional Rights and Remedies.
The rights and remedies
				  provided in this clause are in addition to any other rights and remedies
				  provided by law or under this contract.