Regulation .03 Contracts Voidable for Noncompliance.
Regulation .03 Contracts Voidable for Noncompliance.LinkCopy Citation
A.
The Board may determine that a void procurement contract is voidable if the Board determines that:
(1)
All parties have acted in good faith;
(2)
Ratification of the procurement contract would not undermine the purposes of this title; and
(3)
The violation, or series of violations, was insignificant or otherwise did not prevent substantial compliance with this title.
B.
If the Board determines that a procurement contract is voidable under §A and that the contractor has not acted in violation of this title, the procurement agency:
(1)
May ratify the contract if the procurement agency determines that ratification is in the best interest of the State; or
(2)
May void the contract and award the contractor compensation for actual expenses reasonably incurred under the contract, plus a reasonable profit.
C.
If the Board determines that a procurement contract is voidable under §A and that the contractor has acted in violation of this title, the procurement agency:
(1)
May void the contract; or
(2)
Without prejudice to the State's right to appropriate damages, may ratify the contract if the procurement agency determines that ratification is in the best interests of the State.