Cancellation of contract on entry of final business closure order — Definition. [Effective January 1, 2020.]

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  1. (a) As used in this subchapter, “final business closure order” means a business closure order for which a contractor has either:

    1. (1) Waived further administrative review under § 26-18-1001 et seq.; or

    2. (2) Exhausted all remedies to appeal under § 26-18-1001 et seq.

  2. (b) The Revenue Division shall provide to the Office of State Procurement all final business closure orders entered into against a contractor.

  3. (c) Upon receipt of a final business closure order, the office shall, as soon as reasonably practicable:

    1. (1) Notify each state agency with which the contractor has a contract that the:

      1. (A) Contractor is subject to a final business closure order; and

      2. (B) Provision of any goods or services, or both, under a contract with the contractor that is subject to a final business closure order shall cease as soon as reasonably practicable; and

    2. (2) Notify all state agencies that the contractor that is subject to a final business closure order shall not be awarded or maintain a contract with a state agency unless the office provides notice under subsection (d) of this section.

  4. (d) Upon receipt of information that a contractor has resolved a business closure, the office shall notify all state agencies, as soon as reasonably practicable, that:

    1. (1) Any unexpired contracts with the contractor may continue if the contract was not terminated, cancelled, suspended, or discontinued; and

    2. (2) The contractor may be awarded or maintain a contract with a state agency.


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