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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter I  

Office of the Secretary of Labor

 

 

Part 4  

Labor Standards for Federal Service Contracts

 

 

 

Subpart E  

Enforcement


29 CFR 4.190 - Contract cancellation.

  • Section Number: 4.190
  • Section Name: Contract cancellation.

    (a) As provided in section 3 of the Act, where a violation is found 
of any contract stipulation, the contract is subject upon written notice 
to cancellation by the contracting agency, whereupon the United States 
may enter into other contracts or arrangements for the completion of the 
original contract, charging any additional cost to the original 
contractor.
    (b) Every contractor shall certify pursuant to Sec. 4.6(n) of 
subpart A that it is not disqualified for the award of a contract by 
virtue of its name appearing on the debarred bidders list or because any 
such currently listed person or firm has a substantial interest in said 
contractor, as described in Sec. 4.188. Upon discovery of such false 
certification or determination of substantial interest in a firm 
performing on a Government contract, as the case may be, the contract is 
similarly subject upon written notice to immediate cancellation by the 
contracting agency and any additional cost for the completion of the 
contract charged to the original contractor as specified in paragraph 
(a). Such contract is without warrant of law and has no force and effect 
and is void ab initio, 33 Comp Gen. 63; Decision of the Comptroller 
General, B-115051, August 6, 1953. Furthermore, any profit derived from 
said illegal contract is forfeited (Paisner v. U.S., 138 Ct. Cl. 420, 
150 F. Supp. 835 (1957), cert. denied, 355 U.S. 941).
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