1001. COMPLIANCE WITH PROCUREMENT ACT AND REGULATIONS

1001 COMPLIANCE WITH PROCUREMENT ACT AND REGULATIONS 1001.1 Except as otherwise provided in the Act or this section, a contract which is entered into in violation of the Act and this title is void. 1001.2 Notwithstanding the provisions of § 1001.1, a contract shall not be void if a determination is made that good faith has been shown by all parties and the violation of the provisions of the Act and this title are de minimis. The determination of good faith may be made by any of the following: (a) The Director; (b) The Contract Appeals Board; or (c) A court of competent jurisdiction. 1001.3 The Director’s determination of good faith and that a violation of the provisions of the Act and this title are de minimis made pursuant to § 1001.2(a) shall be in writing based upon a written request for review by the contractor or contracting officer. The request shall fully describe the contract, the status of performance, the reason why the contract is void, and the grounds for the determination. SOURCE: Final Rulemaking published at 35 DCR 1385 (February 26, 1988); as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 9071 (September 27, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 11071 (December 23, 2011).