Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.20 - Termination, Default, Cancellation and Stop Work

Current through June 14, 2024
A.
				 Non-Performance or Breach
A Contract may be rescinded, canceled or terminated by the
					 State Purchasing Agent, at the Vendor's expense upon non-performance or breach
					 by the Vendor of any of its obligations. Failure of a Vendor to cure such
					 non-performance or breach within ten (10) business days after the receipt of
					 notice, unless otherwise determined by the State Purchasing Agent, shall be
					 sufficient cause for the cancellation, rescission or termination of a Contract,
					 the cancellation of all existing State contracts and or subcontracts to which
					 the Vendor is a party, and/or the suspension or debarment of the Vendor from
					 participating in future procurements. The State may pursue any and all of its
					 rights and remedies at law or in equity against the defaulting Vendor or its
					 surety.
B. Timeliness
Failure of a Vendor to deliver the required goods or
					 perform services within the time specified and in accordance with the
					 applicable standards of professional skill and care, or within reasonable time
					 as interpreted by the State Purchasing Agent, or failure of a Vendor to make
					 replacement of rejected articles, when so requested, immediately or as directed
					 by the State Purchasing Agent, may cause the State Purchasing Agent to purchase
					 in the open market to replace those goods or services rejected or not
					 delivered. The State Purchasing Agent reserves the right to authorize immediate
					 purchase in the open market against rejections on any Contract when necessary.
					 On all such purchases, the Vendor, and/or its surety, agrees to promptly
					 reimburse the State for excess costs occasioned by the Vendor's default. Should
					 the replacement cost be less, the Vendor shall have no claim for the
					 difference. Vendor who fails to commence within the time specified or complete
					 an award made for repairs, alterations, construction, or any other service may
					 be considered to be in default of Contract. The State Purchasing Agent may
					 contract for completion of the work with another Vendor and seek reimbursement
					 of all costs and expenses from the defaulting Vendor and/or its surety and
					 pursue all rights and remedies at law or in equity.
C. Availability of Funds.
Any and all payments by the State are expressly contingent
					 upon and subject to the appropriation, allocation and availability of funds by
					 the General Assembly and/or the Federal Government. If any Contract is funded
					 in whole or in part by federal funds, the State's performance and payment shall
					 be subject to and contingent upon the continuing availability of said federal
					 funds. If the term of extends into fiscal years subsequent, continuation of the
					 Contract is expressly contingent upon the appropriation, allocation, and
					 availability of funds. If funds to effect payment are not available, the State
					 will provide written notification to Vendor. If the Contract is terminated
					 under this paragraph, Vendor agrees to take back any affected goods not yet
					 delivered, terminate any services supplied to the State, and relieve the State
					 of any further obligation thereof. State shall remit payment for goods and
					 services accepted prior to the date of termination in the
					 notice.
D. Convenience
1. For subscription services the State may
				 terminate for convenience.
2. For
				 all other Contracts, the State Purchasing Agent shall have the right to
				 terminate the Contract for convenience if the State Purchasing Agent determines
				 in writing that termination is in the State's best interest. The Vendor shall
				 be paid for work completed and accepted, but Vendor shall not be entitled to
				 recover lost profits.