Section 526.5530  Cancellation of Contracts

a)         In any of the following cases the SPO shall have the right to terminate or rescind any contract entered into under this Part:

1)         The successful vendor fails to furnish a satisfactory performance bond within the time specified.

2)         The vendor fails to make delivery at the place or within the time specified in the contract or as ordered by the purchasing agency.

3)         Any supplies or services provided under the contract are rejected (for not meeting specification, not conforming to sample, or not being in good condition when delivered) and are not promptly replaced by the vendor. If there are repeated rejections of the vendor's supplies or services, this shall be grounds for termination or rescission, even though the vendor offers to replace the supplies or services promptly.

4)         The vendor is guilty of misrepresentation (for example, misbranding of food or drugs) in connection with another contract for the sale of supplies or services to the University such that it cannot reasonably be depended upon to fulfill his obligations as a responsible vendor under any of his contracts with the University.

5)         The vendor should be adjudged bankrupt; enter into receivership or make a general assignment for the benefit of creditors due to insolvency; disregard laws, rules, or instructions of the SPO; or act in violation of any provision of the contract; or if the contract conflicts with any statutory or constitutional provision of the State of Illinois or of the United States.

6)         Any other breach of contract or any other unlawful act by the vendor.

b)         Cancellation for Fraud, Collusion, Illegality, Etc.

The University may cancel any contract it established if there is sufficient evidence to show that:

1)         The contract was obtained by fraud, collusion, conspiracy, or other unlawful means; or

2)         The contract conflicts with any statutory provision of the State of Illinois or of the United States.

c)         Withholding Money to Compensate University for Damages

If a contract is terminated or rescinded under this Section,  the University may deduct from whatever is owed the vendor on that or any other contract an amount sufficient to compensate the University for any damages suffered by it because of the vendor's breach of contract or other unlawful act on his part on which the cancellation is based.

d)         Damages

The damages for which the University may be compensated as provided in this Section or by a suit on the vendor's performance bond or by other legal remedy shall include, but are not limited to, the following:

1)         the additional cost of supplies or services bought elsewhere;

2)         cost of repeating the procurement procedure;

3)         any expenses incurred because of delay in receipt of supplies or services; and

4)         any other damages caused by the vendor's breach of contract or unlawful act.