Common use of Challenge Clause in Contracts

Challenge. (1) Notwithstanding any provision of this contract concerning inspection and acceptance, if the Contracting Officer determines that a challenge to the restrictive marking is warranted, the Contracting Officer shall send a written challenge notice to the contractor or subcontractor asserting the restrictive markings. Such challenge shall: (i) State the specific grounds for challenging the asserted restriction; (ii) Require a response within sixty (60) days justifying and providing sufficient evidence as to the current validity of the asserted restriction; (iii) State that a Contracting Officer's final decision, issued pursuant to paragraph (f) of this clause, sustaining the validity of a restrictive marking identical to the asserted restriction, within the three-year period preceding the challenge, shall serve as justification for the asserted restriction if the validated restriction was asserted by the same contractor or subcontractor (or any licensee of such contractor or subcontractor to which such notice is being provided); and (iv) State that failure to respond to the challenge notice may result in issuance of a final decision pursuant to paragraph (e) of this clause. (2) The Contracting Officer shall extend the time for response if the contractor or subcontractor submits a written request showing the need for additional time to prepare a response. (3) The contractor's or subcontractor’s written response shall be considered a claim within the meaning of the Contract Disputes Act of 1978, and shall be certified in the form prescribed at FAR Subpart 33.207, regardless of dollar amount. (4) A contractor or subcontractor receiving challenges to the same restrictive markings from more than one Contracting Officer shall notify each Contracting Officer of the existence of more than one challenge. The notice shall also state which Contracting Officer initiated the first unanswered challenge. The Contracting Officer initiating the first unanswered challenge after consultation with the contractor and the other Contracting Officers, shall formulate and distribute a schedule for responding to each of the challenge notices to all interested parties. The schedule shall afford the contractor an opportunity to respond to each challenge notice. All parties will be bound by this schedule.

Challenge. (1) Notwithstanding any provision of this contract concerning inspection and acceptance, if the Contracting Officer determines that a challenge to the restrictive marking is warranted, the Contracting Officer shall send a written challenge notice to the contractor or subcontractor asserting the restrictive markings. Such challenge shall: (i) State the specific grounds for challenging the asserted restriction; (ii) Require a response within sixty (60) days justifying and providing sufficient evidence as to the current validity of the asserted restriction; (iii) State that a Contracting Officer's final decision, issued pursuant to paragraph (f) of this clause, sustaining the validity of a restrictive marking identical to the asserted restriction, within the three-year period preceding the challenge, shall serve as justification for the asserted restriction if the validated restriction was asserted by the same contractor or subcontractor (or any licensee of such contractor or subcontractor to which such notice is being provided); and (iv) State that failure to respond to the challenge notice may result in issuance of a final decision pursuant to paragraph (e) of this clause. (2) The Contracting Officer shall extend the time for response if the contractor or subcontractor submits a written request showing the need for additional time to prepare a response. (3) The contractor's ’s or subcontractor’s written response shall be considered a claim within the meaning of the Contract Disputes Act of 1978, and shall be certified in the form prescribed at FAR Subpart 33.207, regardless of dollar amount. (4) A contractor or subcontractor receiving challenges to the same restrictive markings from more than one Contracting Officer shall notify each Contracting Officer of the existence of more than one challenge. The notice shall also state which Contracting Officer initiated the first unanswered challenge. The Contracting Officer initiating the first unanswered challenge after consultation with the contractor and the other Contracting Officers, shall formulate and distribute a schedule for responding to each of the challenge notices to all interested parties. The schedule shall afford the contractor an opportunity to respond to each challenge notice. All parties will be bound by this schedule.

Challenge. (1) Notwithstanding any provision of this contract concerning inspection and acceptance, if the Contracting Officer determines that a challenge to the restrictive marking is warranted, the Contracting Officer shall send a written challenge notice to the contractor or subcontractor asserting the restrictive markings. Such challenge shall: (i) State the specific grounds for challenging the asserted restriction; (ii) Require a response within sixty (60) days justifying and providing sufficient evidence as to the current validity of the asserted restriction; (iii) State that a Contracting Officer's final decision, issued pursuant to paragraph (f) of this clause, sustaining the validity of a restrictive marking identical to the asserted restriction, within the three-year period preceding the challenge, shall serve as justification for the asserted restriction if the validated restriction was asserted by the same contractor or subcontractor (or any licensee of such contractor or subcontractor to which such notice is being provided); and (iv) State that failure to respond to the challenge notice may result in issuance of a final decision pursuant to paragraph (e) of this clause. (2) The Contracting Officer shall extend the time for response if the contractor or subcontractor submits a written request showing the need for additional time to prepare a response. (3) The contractor's or subcontractor’s subcontractors written response shall be considered a claim within the meaning of the Contract Disputes Act of 1978, and shall be certified in the form prescribed at FAR Subpart 33.207, regardless of dollar amount. (4) A contractor or subcontractor receiving challenges to the same restrictive markings from more than one Contracting Officer shall notify each Contracting Officer of the existence of more than one challenge. The notice shall also state which Contracting Officer initiated the first unanswered challenge. The Contracting Officer initiating the first unanswered challenge after consultation with the contractor and the other Contracting Officers, shall formulate and distribute a schedule for responding to each of the challenge notices to all interested parties. The schedule shall afford the contractor an opportunity to respond to each challenge notice. All parties will be bound by this schedule.

Challenge. (1) Notwithstanding any provision of this contract concerning inspection and acceptance, if the Contracting Officer determines that a challenge to the restrictive marking is warranted, the Contracting Officer shall send a written challenge notice to the contractor or subcontractor asserting the restrictive markings. Such challenge shall: : (i) State the specific grounds for challenging the asserted restriction; ; (ii) Require a response within sixty (60) days justifying and providing sufficient evidence as to the current validity of the asserted restriction; ; (iii) State that a Contracting Officer's final decision, issued pursuant to paragraph (f) of this clause, sustaining the validity of a restrictive marking identical to the asserted restriction, within the three-year period preceding the challenge, shall serve as justification for the asserted restriction if the validated restriction was asserted by the same contractor or subcontractor (or any licensee of such contractor or subcontractor to which such notice is being provided); and and (iv) State that failure to respond to the challenge notice may result in issuance of a final decision pursuant to paragraph (e) of this clause. (2) The Contracting Officer shall extend the time for response if the contractor or subcontractor submits a written request showing the need for additional time to prepare a response. (3) The contractor's or subcontractor’s written response shall be considered a claim within the meaning of the Contract Disputes Act of 1978, and shall be certified in the form prescribed at FAR Subpart 33.207, regardless of dollar amount. . (4) A contractor or subcontractor receiving challenges to the same restrictive markings from more than one Contracting Officer shall notify each Contracting Officer of the existence of more than one challenge. The notice shall also state which Contracting Officer initiated the first unanswered challenge. The Contracting Officer initiating the first unanswered challenge after consultation with the contractor and the other Contracting Officers, shall formulate and distribute a schedule for responding to each of the challenge notices to all interested parties. The schedule shall afford the contractor an opportunity to respond to each challenge notice. All parties will be bound by this schedule.

Challenge. (1) Notwithstanding any provision of this contract Agreement concerning inspection and acceptance, if the Contracting Agreement Officer determines that a challenge to the restrictive marking is warranted, the Contracting Agreement Officer shall send a written challenge notice to the contractor Performer or subcontractor asserting the restrictive markings. Such challenge shall:— (i) State the specific grounds for challenging the asserted restriction; (ii) Require a response within sixty (60) days justifying and providing sufficient evidence as to the current validity of the asserted restriction; (iii) State that a Contracting DoD Agreement Officer's final decision, issued pursuant to paragraph (fg) of this clausearticle, sustaining the validity of a restrictive marking identical to the asserted restriction, within the three-year period preceding the challenge, shall serve as justification for the asserted restriction if the validated restriction was asserted by the same contractor Performer or subcontractor (or any licensee of such contractor Performer or subcontractor subcontractor) to which such notice is being provided); and (iv) State that failure to respond to the challenge notice may result in issuance of a final decision pursuant to paragraph (ef) of this clause.article. 54 | P a g e (2) The Contracting Agreement Officer shall extend the time for response as appropriate if the contractor Performer or subcontractor submits a written request showing the need for additional time to prepare a response. (3) The contractorPerformer's or subcontractor’s 's written response shall be considered a claim within the meaning of the Contract Disputes Act of 197841 U.S.C. 7101, Agreement Disputes, and shall be certified in the form prescribed at FAR Subpart 33.20733.207 of the Federal Acquisition Regulation, regardless of dollar amount. (4) A contractor Performer or subcontractor receiving challenges to the same restrictive markings from more than one Contracting Agreement Officer shall notify each Contracting Agreement Officer of the existence of more than one challenge. The notice shall also state which Contracting Agreement Officer initiated the first in time unanswered challenge. The Contracting Agreement Officer initiating the first in time unanswered challenge after consultation with the contractor Performer or subcontractor and the other Contracting Agreement Officers, shall formulate and distribute a schedule for responding to each of the challenge notices to all interested parties. The schedule shall afford the contractor Performer or subcontractor an opportunity to respond to each challenge notice. All parties will be bound by this schedule.

Challenge. (1) Notwithstanding any provision of this contract concerning inspection and acceptance, if the Contracting Officer determines that a challenge to the restrictive marking is warranted, the Contracting Officer shall send a written challenge notice to the contractor Contractor or subcontractor asserting the restrictive markings. Such challenge shall:shall-- (i) State the specific grounds for challenging the asserted restriction; (ii) Require a response within sixty (60) days justifying and providing sufficient evidence as to the current validity of the asserted restriction; (iii) State that a DoD Contracting Officer's final decision, issued pursuant to paragraph (fg) of this clause, sustaining the validity of a restrictive marking identical to the asserted restriction, within the three-year period preceding the challenge, shall serve as justification for the asserted restriction if the validated restriction was asserted by the same contractor Contractor or subcontractor (or any licensee of such contractor Contractor or subcontractor subcontractor) to which such notice is being provided); and (iv) State that failure to respond to the challenge notice may result in issuance of a final decision pursuant to paragraph (ef) of this clause. (2) The Contracting Officer shall extend the time for response as appropriate if the contractor Contractor or subcontractor submits a written request showing the need for additional time to prepare a response. (3) The contractorContractor's or subcontractor’s 's written response shall be considered a claim within the meaning of the Contract Disputes Act of 19781978 (41 U.S.C. 601, et seq.), and shall be certified in the form prescribed at FAR Subpart 33.20733.207 of the Federal Acquisition Regulation, regardless of dollar amount. (4) A contractor Contractor or subcontractor receiving challenges to the same restrictive markings from more than one Contracting Officer shall notify each Contracting Officer of the existence of more than one challenge. The notice shall also state which Contracting Officer initiated the first in time unanswered challenge. The Contracting Officer initiating the first in time unanswered challenge after consultation with the contractor Contractor or subcontractor and the other Contracting Officers, shall formulate and distribute a schedule for responding to each of the challenge notices to all interested parties. The schedule shall afford the contractor Contractor or subcontractor an opportunity to respond to each challenge notice. All parties will be bound by this schedule.

Challenge. (1) Notwithstanding any provision of this contract concerning inspection and acceptance, if the Contracting Officer determines that a challenge to the restrictive marking is warranted, the Contracting Officer shall send a written challenge notice to the contractor Contractor or subcontractor asserting the restrictive markings. Such challenge shall:— (i) State the specific grounds for challenging the asserted restriction; (ii) Require a response within sixty (60) days justifying and providing sufficient evidence as to the current validity of the asserted restriction; (iii) State that a DoD Contracting Officer's ’s final decision, issued pursuant to paragraph (fg) of this clause, sustaining the validity of a restrictive marking identical to the asserted restriction, within the three-year period preceding the challenge, shall serve as justification for the asserted restriction if the validated restriction was asserted by the same contractor Contractor or subcontractor (or any licensee of such contractor Contractor or subcontractor subcontractor) to which such notice is being provided); and (iv) State that failure to respond to the challenge notice may result in issuance of a final decision pursuant to paragraph (ef) of this clause. (2) The Contracting Officer shall extend the time for response as appropriate if the contractor Contractor or subcontractor submits a written request showing the need for additional time to prepare a response. (3) The contractor's Contractor’s or subcontractor’s written response shall be considered a claim within the meaning of the Contract Disputes Act of 19781978 (41 U.S.C. 601, et seq.), and shall be certified in the form prescribed at FAR Subpart 33.20733.207 of the Federal Acquisition Regulation, regardless of dollar amount. (4) A contractor Contractor or subcontractor receiving challenges to the same restrictive markings from more than one Contracting Officer shall notify each Contracting Officer of the existence of more than one challenge. The notice shall also state which Contracting Officer initiated the first in time unanswered challenge. The Contracting Officer initiating the first in time unanswered challenge after consultation with the contractor Contractor or subcontractor and the other Contracting Officers, shall formulate and distribute a schedule for responding to each of the challenge notices to all interested parties. The schedule shall afford the contractor Contractor or subcontractor an opportunity to respond to each challenge notice. All parties will be bound by this schedule.

Challenge. (1) Notwithstanding any provision of this contract Agreement concerning inspection and acceptance, if the Contracting Agreement Officer determines that a challenge to the restrictive marking is warranted, the Contracting Agreement Officer shall send a written challenge notice to the contractor Performer or subcontractor asserting the restrictive markings. Such challenge shall:— (i) State the specific grounds for challenging the asserted restriction; (ii) Require a response within sixty (60) days justifying and providing sufficient evidence as to the current validity of the asserted restriction; (iii) State that a Contracting DoD Agreement Officer's final decision, issued pursuant to paragraph (fg) of this clausearticle, sustaining the validity of a restrictive marking identical to the asserted restriction, within the three-year period preceding the challenge, shall serve as justification for the asserted restriction if the validated restriction was asserted by the same contractor Performer or AGREEMENT NUMBER FA8614-22-9-0003 subcontractor (or any licensee of such contractor Performer or subcontractor subcontractor) to which such notice is being provided); and (iv) State that failure to respond to the challenge notice may result in issuance of a final decision pursuant to paragraph (ef) of this clausearticle. (2) The Contracting Agreement Officer shall extend the time for response as appropriate if the contractor Performer or subcontractor submits a written request showing the need for additional time to prepare a response. (3) The contractorPerformer's or subcontractor’s 's written response shall be considered a claim within the meaning of the Contract Disputes Act of 197841 U.S.C. 7101, Agreement Disputes, and shall be certified in the form prescribed at FAR Subpart 33.20733.207 of the Federal Acquisition Regulation, regardless of dollar amount. (4) A contractor Performer or subcontractor receiving challenges to the same restrictive markings from more than one Contracting Agreement Officer shall notify each Contracting Agreement Officer of the existence of more than one challenge. The notice shall also state which Contracting Agreement Officer initiated the first in time unanswered challenge. The Contracting Agreement Officer initiating the first in time unanswered challenge after consultation with the contractor Performer or subcontractor and the other Contracting Agreement Officers, shall formulate and distribute a schedule for responding to each of the challenge notices to all interested parties. The schedule shall afford the contractor Performer or subcontractor an opportunity to respond to each challenge notice. All parties will be bound by this schedule.

Challenge. (1) Notwithstanding any provision of this contract concerning inspection and acceptance, if the Contracting Officer determines that a challenge to the restrictive marking is warranted, the Contracting Officer shall send a written challenge notice to the contractor Contractor or subcontractor asserting the restrictive markings. Such challenge shall:— CONTRACT NO. N00178-14-D-7931 DELIVERY ORDER NO. N6833519F3000 PAGE 104 of 112 FINAL (i) State the specific grounds for challenging the asserted restriction; (ii) Require a response within sixty (60) days justifying and providing sufficient evidence as to the current validity of validityof the asserted restriction; (iii) State that a DoD Contracting Officer's final decision, issued pursuant to paragraph (fg) of this clause, ,sustaining the validity of a restrictive marking identical to the asserted restriction, within the three-year period preceding the challenge, shall serve as justification for the asserted restriction if the validated restriction was asserted by the same contractor Contractor or subcontractor (or any licensee of such contractor Contractor or subcontractor subcontractor) to which such notice is being provided); and (iv) State that failure to respond to the challenge notice may result in issuance of a final decision pursuant to paragraph (ef) of this clause. (2) The Contracting Officer shall extend the time for response as appropriate if the contractor Contractor or subcontractor submits a written request showing the need for additional time to prepare a response. (3) The contractorContractor's or subcontractor’s 's written response shall be considered a claim within the meaning of the 41 U.S.C. 7101, Contract Disputes Act of 1978Disputes, and shall be certified in the form prescribed at FAR Subpart 33.20733.207 of the Federal Acquisition Regulation, regardless of dollar amount. (4) A contractor Contractor or subcontractor receiving challenges to the same restrictive markings from more than one Contracting Officer shall notify each Contracting Officer of the existence of more than one challenge. The notice shall also state which Contracting Officer initiated the first in time unanswered challenge. The Contracting Officer initiating the first in time unanswered challenge after consultation with the contractor Contractor or subcontractor and the other Contracting Officers, shall formulate and distribute a schedule for responding to each of the challenge notices to all interested parties. The schedule shall afford the contractor Contractor or subcontractor an opportunity to respond to each challenge notice. All parties will be bound by this schedule.

Challenge. (1) Notwithstanding any provision of this contract Agreement concerning inspection and acceptance, if the Contracting Agreement Officer determines that a challenge to the restrictive marking is warranted, the Contracting Agreement Officer shall send a written challenge notice to the contractor Performer or subcontractor asserting the restrictive markings. Such challenge shall:— (i) State the specific grounds for challenging the asserted restriction; (ii) Require a response within sixty (60) days justifying and providing sufficient evidence as to the current validity of the asserted restriction; (iii) State that a Contracting DoD Agreement Officer's final decision, issued pursuant to paragraph (fg) of this clausearticle, sustaining the validity of a restrictive marking identical to the asserted restriction, within the three-year period preceding the challenge, shall serve as justification for the asserted restriction if the validated restriction was asserted by the same contractor Performer or subcontractor (or any licensee of such contractor Performer or subcontractor subcontractor) to which such notice is being provided); and (iv) State that failure to respond to the challenge notice may result in issuance of a final decision pursuant to paragraph (ef) of this clausearticle. (2) The Contracting Agreement Officer shall extend the time for response as appropriate if the contractor Performer or subcontractor submits a written request showing the need for additional time to prepare a response. (3) The contractorPerformer's or subcontractor’s 's written response shall be considered a claim within the meaning of the Contract Disputes Act of 1978, 41 U.S.C. 7101 and shall be certified processed in accordance with ARTICLE VI: DISPUTES of this agreement. In addition to the form prescribed at FAR Subpart 33.207written claim, the performer or subcontractor shall certify to and include the following, regardless of dollar amount. The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the contractor.” (4) A contractor Performer or subcontractor receiving challenges to the same restrictive markings from more than one Contracting Agreement Officer shall notify each Contracting Agreement Officer of the existence of more than one challenge. The notice shall also state which Contracting Agreement Officer initiated the first in time unanswered challenge. The Contracting Agreement Officer initiating the first in time unanswered challenge after consultation with the contractor Performer or subcontractor and the other Contracting Agreement Officers, shall formulate and distribute a schedule for responding to each of the challenge notices to all interested parties. The schedule shall afford the contractor Performer or subcontractor an opportunity to respond to each challenge notice. All parties will be bound by this schedule.

Challenge. (1) Notwithstanding any provision of this contract concerning inspection and acceptance, if the Contracting Officer determines that a challenge to the restrictive marking is warranted, the Contracting Officer shall send a written challenge notice to the contractor Contractor or subcontractor asserting the restrictive markings. Such challenge shall: (i) State the specific grounds for challenging the asserted restriction; (ii) Require a response within sixty (60) days justifying and providing sufficient evidence as to the current validity of the asserted restriction;; and (iii) State that a DoD Contracting Officer's final decision, issued pursuant to paragraph (fg) of this clause, sustaining the validity of a restrictive marking identical to the asserted restriction, within the three-year period preceding the challenge, shall serve as justification for the asserted restriction if the validated restriction was asserted by the same contractor Contractor or subcontractor (or any licensee of such contractor Contractor or subcontractor subcontractor) to which such notice is being provided); and (iv) State that failure to respond to the challenge notice may result in issuance of a final decision pursuant to paragraph (ef) of this clause. (2) The Contracting Officer shall extend the time for response as appropriate if the contractor Contractor or subcontractor submits a written request showing the need for additional time to prepare a response. (3) The contractorContractor's or subcontractor’s 's written response shall be considered a claim within the meaning of the Contract Disputes Act of 19781978 (41 U.S.C. 601, et seq.), and shall be certified in the form prescribed at FAR Subpart 33.20733.207 of the Federal Acquisition Regulations, regardless of dollar amount. (4) A contractor Contractor or subcontractor receiving challenges to the same restrictive markings from more than one Contracting Officer shall notify each Contracting Officer of the existence of more than one challenge. The notice shall also state which Contracting Officer initiated the first in time unanswered challenge. The Contracting Officer initiating the first in time unanswered challenge after consultation with the contractor Contractor or subcontractor and the other Contracting Officers, shall formulate and distribute a schedule for responding to each of the challenge notices to all interested parties. The schedule shall afford the contractor Contractor or subcontractor an opportunity to respond to each challenge notice. All parties will be bound by this schedule.

Challenge. (1) Notwithstanding any provision of this contract Agreement concerning inspection and acceptance, if the Contracting Agreement Officer determines that a challenge to the restrictive marking is warranted, the Contracting Agreement Officer shall send a written challenge notice to the contractor Performer or subcontractor asserting the restrictive markings. Such challenge shall:— (i) State the specific grounds for challenging the asserted restriction; (ii) Require a response within sixty (60) days justifying and providing sufficient evidence as to the current validity of the asserted restriction; (iii) State that a Contracting DoD Agreement Officer's final decision, issued pursuant to paragraph (fg) of this clausearticle, sustaining the validity of a restrictive marking identical to the asserted restriction, within the three-year period preceding the challenge, shall serve as justification for the asserted restriction if the validated restriction was asserted by the same contractor Performer or subcontractor (or any licensee of such contractor Performer or subcontractor subcontractor) to which such notice is being provided); and (iv) State that failure to respond to the challenge notice may result in issuance of a final decision pursuant to paragraph (ef) of this clausearticle. (2) The Contracting Agreement Officer shall extend the time for response as appropriate if the contractor Performer or subcontractor submits a written request showing the need for additional time to prepare a response. (3) The contractorPerformer's or subcontractor’s 's written response shall be considered a claim within the meaning of the Contract Disputes Act of 197841 U.S.C. 7101, Agreement Disputes, and shall be certified in the form prescribed at FAR Subpart 33.20733.207 of the Federal Acquisition Regulation, regardless of dollar amount. (4) A contractor Performer or subcontractor receiving challenges to the same restrictive markings from more than one Contracting Agreement Officer shall notify each Contracting Agreement Officer of the existence of more than one challenge. The notice shall also state which Contracting Agreement Officer initiated the first in time unanswered challenge. The Contracting Agreement Officer initiating the first in time unanswered challenge after consultation with the contractor Performer or subcontractor and the other Contracting Agreement Officers, shall formulate and distribute a schedule for responding to each of the challenge notices to all interested parties. The schedule shall afford the contractor Performer or subcontractor an opportunity to respond to each challenge notice. All parties will be bound by this schedule.