TITLE 44: GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER I: AUDITOR GENERAL
PART 500 PURCHASES AND CONTRACTS
SECTION 500.1320 VIOLATION OF LAW OR RULE


 

Section 500.1320  Violation of Law or Rule

 

a)         Determination that Solicitation or Award Violates Law

If the CPO finds that the solicitation or proposed award is in violation of statute or rule, the CPO may cancel the solicitation or proposed award, or make modifications to correct the violation, if such correction may be legally accomplished.

 

b)         Determination that Contract Violates this Part

If any contract is entered into or purchase or expenditure of funds is made in violation of this Part or any other law, the contract may be declared void by the CPO or may be ratified and affirmed, provided the CPO determines that ratification is in the best interests of the OAG.  If the contract is ratified and affirmed, it shall be without prejudice to the State's rights to any appropriate damages.

 

c)         Effect of Declaring a Contract Null and Void

In all cases in which a contract is voided, the OAG shall endeavor to return those supplies delivered under the contract that have not been used or distributed. No further payments shall be made under the contract.