CHANGES TO THE CONTRACT. Changes can be made to the contract in any of the following ways: 1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract. 2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.
Appears in 3 contracts
Samples: Rider Agreement, Standard Contract, Rider Agreement
CHANGES TO THE CONTRACT. Changes can be made to the contract in any of the following ways:
1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. An Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. The If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:
a. By mutual agreement between the parties in writing; or
b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or
c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.
Appears in 3 contracts
Samples: Scope of Work, Contract Modification, Snow Removal Equipment Services Agreement
CHANGES TO THE CONTRACT. Changes can be made to the contract in any of the following ways:
1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
2. The Purchasing Agency University may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency University a credit for any savings. Said compensation shall be determined by one of the following methods:
a. By mutual agreement between the parties in writing; or
b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing AgencyUniversity’s right to audit the contractor’s records and/or to determine the correct number of units independently; or
c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency University with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency University shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency University within thirty (30) days from the date of receipt of the written order from the Purchasing AgencyUniversity. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract orcontract, or if there is none, in accordance with the disputes dispute’s clause provisions of the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and Their Vendors Manual(Governing Rule §53). Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency University or with the performance of the contract generally.
Appears in 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
CHANGES TO THE CONTRACT. Changes can be made to the contract in any of the following ways:
1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
2. The Purchasing Agency University may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency University a credit for any savings. Said compensation shall be determined by one of the following methods:
a. By mutual agreement between the parties in writing; or
b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing AgencyUniversity’s right to audit the contractor’s contractors’ records and/or to determine the correct number of units independently; or
c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency University with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency University shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency University within thirty (30) days from the date of receipt of the written order from the Purchasing AgencyUniversity. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors ManualPurchasing Manual for Institutions of Higher Education and their Vendors. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency University or with the performance of the contract generally.
Appears in 2 contracts
Samples: Management Services Agreement, Contract
CHANGES TO THE CONTRACT. Changes can be made to the contract in any of the following ways:
1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
2. The Purchasing Agency University may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency University a credit for any savings. Said compensation shall be determined by one of the following methods:
a. By mutual agreement between the parties in writing; or
b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing AgencyUniversity’s right to audit the contractor’s records and/or to determine the correct number of units independently; or
c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency University with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency University shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency University within thirty (30) days from the date of receipt of the written order from the Purchasing AgencyUniversity. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors ManualPurchasing Manual for Institutions of Higher Education and their Vendors. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency University or with the performance of the contract generally.
Appears in 2 contracts
CHANGES TO THE CONTRACT. Changes can be made to the contract Contract in any of the following ways:
1. A. The parties may agree in writing to modify the scope of the contractContract. An increase or decrease in the price of the contract Contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contractContract.
2. B. The Purchasing Agency Entity may order changes within the general scope of the contract Contract at any time by written notice to the contractorContractor. Changes within the scope of the contract Contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor Contractor shall comply with the notice upon receipt. The contractor Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency Entity a credit for any savings. Said compensation shall be determined by one (1) of the following methods:
a. 1. By mutual agreement between the parties in writing; or
b. 2. By agreeing upon a unit price or using a unit price set forth in the contractContract, if the work to be done can be expressed in units, and the contractor Contractor accounts for the number of units of work performed, subject to the Purchasing AgencyEntity’s right to audit the contractorContractor’s records and/or to determine the correct number of units independently; or
c. 3. By ordering the contractor Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contractContract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor Contractor shall present the Purchasing Agency Entity with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency Entity shall have the right to audit the records of the contractor Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency Entity within thirty (30) days from the date of receipt of the written order from the Purchasing AgencyEntity. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract Contract price or time for performance shall be resolved in accordance with the procedures for resolving contractual disputes provided by the Contractual Disputes Clause clause of this contract Contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract Contract shall excuse the contractor Contractor from promptly complying with the changes ordered by the Purchasing Agency Entity or with the performance of the contract Contract generally.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
CHANGES TO THE CONTRACT. Changes can be made to the contract in any of the following ways:
1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. An Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency’s written decision affirming, modifying, or revoking the prior written notice. The If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:
a. a) By mutual agreement between the parties in writing; or
b. b) By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or
c. c) By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.
Appears in 2 contracts
Samples: Snow Removal Equipment Services Agreement, Snow Removal Equipment Services Agreement
CHANGES TO THE CONTRACT. Changes can be made to the contract Contract in any of the following ways:
1. A. The parties may agree in writing to modify the scope of the contractContract. An increase or decrease in the price of the contract Contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contractContract.
2. B. The Purchasing Agency may order changes within the general scope of the contract Contract at any time by written notice to the contractorContractor. Changes within the scope of the contract Contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor Contractor shall comply with the notice upon receipt. The contractor Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one (1) of the following methods:
a. 1. By mutual agreement between the parties in writing; or
b. 2. By agreeing upon a unit price or using a unit price set forth in the contractContract, if the work to be done can be expressed in units, and the contractor Contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractorContractor’s records and/or to determine the correct number of units independently; or
c. 3. By ordering the contractor Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contractContract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor Contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract Contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract Contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract Contract shall excuse the contractor Contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract Contract generally.
Appears in 2 contracts
CHANGES TO THE CONTRACT. Changes can be made to the contract Contract in any one of the following ways:
1. A. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
2. The Purchasing Agency B. Virginia Tech may order changes within the general scope of the contract at any time by written notice to the contractorContractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, shipment and the place of delivery or installation. The contractor Contractor shall comply with the notice upon receipt. The contractor Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency Virginia Tech a credit for any savings. Said compensation shall be determined by one of the following methods:
a. 1) By mutual agreement between the parties in writing; or
b. 2) By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor Contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s Virginia Tech's right to audit the contractor’s Contractor's records and/or to determine the correct number of units independently; or
c. 3) By ordering the contractor Contractor to proceed with the work and to keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor Contractor shall present the Purchasing Agency Virginia Tech with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency Virginia Tech shall have the right to audit the records of the contractor Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency Virginia Tech within thirty (30) days from the date of receipt of the written order from the Purchasing AgencyVirginia Tech. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors ManualPurchasing Manual for Institutions of Higher Education and Their Vendors. Neither the existence of a claim nor or a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor Contractor from promptly complying with the changes ordered by the Purchasing Agency Virginia Tech or with the performance of the contract generally.
Appears in 2 contracts
Samples: Standard Contract, Standard Contract
CHANGES TO THE CONTRACT. Changes can be made to the contract in any of the following ways:
1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. An Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. The If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:
a. By mutual agreement between the parties in writing; or
b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or
c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.thirty
Appears in 1 contract
Samples: Master Agreement
CHANGES TO THE CONTRACT. Changes can be made to the contract Contract in any one of the following ways:
1. The parties may agree in writing to modify the scope of the contractContract. An increase or decrease in the price of the contract Contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contractContract.
2. The Purchasing Agency VCU Procurement Services Department may order changes within the general scope of the contract Contract at any time by written notice to the contractorContractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor Contractor shall comply with the notice upon receipt. The contractor Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency VCU a credit for any savings. Said compensation shall be determined by one of the following methods:
a. a) By mutual agreement between the parties in writing; or
b. b) By agreeing upon a unit price or using a unit price set forth in the contractContract, if the work to be done can be expressed in units, and the contractor Contractor accounts for the number of units of work performed, subject to the Purchasing AgencyVCU’s right to audit the contractor’s Contractor's records and/or to determine the correct number of units independently; or
c. c) By ordering the contractor Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contractContract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor Contractor shall present the Purchasing Agency VCU with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency VCU shall have the right to audit the records of the contractor Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency VCU within thirty (30) days from the date of receipt of the written order from the Purchasing AgencyVCU. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract Contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract Contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors ManualVirginia’s Purchasing Manual for Institutions of Higher Education and Their Vendors. Neither the existence of a claim nor or a dispute resolution process, litigation or any other provision of this contract Contract shall excuse the contractor Contractor from promptly complying with the changes ordered by the Purchasing Agency VCU Procurement Service Office or with the performance of the contract Contract generally.
Appears in 1 contract
Samples: Contract No. 7385698ec01
CHANGES TO THE CONTRACT. Changes can be made to the contract in any of the following ways:
1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. An Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
2. The Purchasing Agency Virginia Outdoors Foundation (VOF) may order changes within the general scope of the contract at any time by written notice to the contractororganization. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor organization shall comply with the notice upon receipt, unless the organization intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the organization shall, in writing, promptly notify VOF of the adjustment to be sought, and before proceeding to comply with the notice, shall await VOF’s written decision affirming, modifying, or revoking the prior written notice. The contractor If VOF decides to issue a notice that requires an adjustment to compensation, the organization shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency VOF a credit for any savings. Said compensation shall be determined by one of the following methods:
a. By mutual agreement between the parties in writing; or
b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor organization accounts for the number of units of work performed, subject to the Purchasing AgencyVOF’s right to audit the contractororganization’s records and/or to determine the correct number of units independently; or
c. By ordering the contractor organization to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor organization shall present the Purchasing Agency VOF with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency VOF shall have the right to audit the records of the contractor organization as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency VOF within thirty (30) days from the date of receipt of the written order from the Purchasing AgencyVOF. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor organization from promptly complying with the changes ordered by the Purchasing Agency VOF or with the performance of the contract generally.
Appears in 1 contract
Samples: Non Professional Services Contract
CHANGES TO THE CONTRACT. Changes can be made to the contract this Contract in any of the following ways:
1. The parties may agree in writing to modify the scope of the contractthis Contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contractthis Contract.
2. The Purchasing Agency Xxxxx may order changes within the general scope of the contract Contract at any time by written notice to the contractorContractor. Changes within the scope of the contract this Contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor Contractor shall comply with the notice upon receipt. The contractor Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency Xxxxx a credit for any savings. Said compensation shall be determined by one of the following methods:
a. By mutual agreement between the parties in writing; or
b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s Xxxxx’x right to audit the contractorContractor’s records and/or to determine the correct number of units independently; or
c. By ordering the contractor Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contractContract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor Contractor shall present the Purchasing Agency Xxxxx with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency Xxxxx shall have the right to audit the records of the contractor Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency Xxxxx within thirty (30) days from the date of receipt of the written order from the Purchasing AgencyXxxxx. If the parties Parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract Contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors ManualPurchasing Manual for Institutions of Higher Education and Their Contractors. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract Contract shall excuse the contractor Contractor from promptly complying with the changes ordered by the Purchasing Agency Xxxxx or with the performance of the contract generally.
Appears in 1 contract
CHANGES TO THE CONTRACT. Changes can be made to the contract in any of the following ways:
1. A. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
2. B. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractorContractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor Contractor shall comply with the notice upon receipt. The contractor Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one (1) of the following methods:
a. : 1 By mutual agreement between the parties in writing; or
b. or 2 By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor Contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractorContractor’s records and/or to determine the correct number of units independently; or
c. or 3 By ordering the contractor Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor Contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor Contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.
Appears in 1 contract
Samples: Modification
CHANGES TO THE CONTRACT. Changes can be made to the contract in any of the following ways:
1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract. No fixed price contract may be increased by more than ten percent (10%) of the amount of the contract without the advance approval of the City Manager or designee, and under no circumstances may the amount of this contract be increased, without adequate consideration, for any purpose (including, but not limited to, relief of the Contractor from the consequences of an error in its bid or offer).
2. The Purchasing Agency City may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency City a credit for any savings. Said compensation shall be determined by one of the following methods:
a. By mutual agreement between the parties in writing; or
b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing AgencyCity’s right to audit the contractor’s records and/or to determine the correct number of units independently; or
c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency City with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency City shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency City within thirty (30) days from the date of receipt of the written order from the Purchasing AgencyCity. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency City or with the performance of the contract generally.
Appears in 1 contract
Samples: Maintenance and Support Agreement
CHANGES TO THE CONTRACT. Changes can be made to the contract in any of the following ways:
1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
2. The Purchasing Agency Client may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency Client a credit for any savings. Said compensation shall be determined by one of the following methods:
a. By mutual agreement between the parties in writing; or
b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing AgencyClient’s right to audit the contractor’s records and/or to determine the correct number of units independently; or
c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency Client with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency Client shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency Client within thirty (30) days from the date of receipt of the written order from the Purchasing AgencyClient. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors ManualPurchasing Manual for Institutions of Higher Education and their Vendors. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency Client or with the performance of the contract generally.
Appears in 1 contract
Samples: Standard Contract
CHANGES TO THE CONTRACT. Changes can be made to the contract in any of the following ways:
1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
2. The Purchasing Agency 17.1 SkillSource may order changes within the general scope of the contract at any time by written notice to the contractorContractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, shipment and the place of delivery or installation. The contractor Contractor shall comply with the notice upon receipt. The contractor Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency SkillSource a credit for any savings. Said compensation shall be determined by one of the following methods:
a. 17.2 By mutual agreement between the parties in writing; or
b. 17.3 By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor Contractor accounts for the number of units of or work performed, subject to the Purchasing AgencySkillSource’s right to audit the contractor’s Contractors records and/or to determine the correct number of units independently; or
c. 17.4 By ordering the contractor Contractor to proceed with the work and to keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor Contractor shall present the Purchasing Agency SkillSource with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency .
17.5 SkillSource shall have the right to audit the records of the contractor Contractor, as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency SkillSource within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. SkillSource.
17.6 If the parties fail to agree on an amount of adjustment, the question questions of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manualcontract. Neither the existence of a claim nor or a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor Contractor from promptly complying with the changes ordered by the Purchasing Agency SkillSource or with the performance of the contract generally.
17.7 The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by both parties as a part of their written agreement to modify the scope of the contract.
Appears in 1 contract
Samples: Master Services Agreement
CHANGES TO THE CONTRACT. Changes can be made to the contract in any of the following ways:
1. A. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract. No fixed price contract may be increased by less than ten percent (10%) or $25,000 without the advance approval of the City Manager or designee, and under no circumstances may the amount of this contract be increased, without adequate consideration, for any purpose (including, but not limited to, relief of the Contractor from the consequences of an error in its bid or offer).
2. B. The Purchasing Agency City may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency City a credit for any savings. Said compensation shall be determined by one of the following methods:
a. 1. By mutual agreement between the parties in writing; or
b. 2. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing AgencyCity’s right to audit the contractor’s records and/or to determine the correct number of units independently; or
c. 3. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency City with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency City shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency City within thirty (30) days from the date of receipt of the written order from the Purchasing AgencyCity. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency City or with the performance of the contract generally.
Appears in 1 contract
CHANGES TO THE CONTRACT. Changes can be made to the contract in any of the following ways:
1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractorContractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor Contractor shall comply with the notice upon receipt. The contractor Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:
a. By mutual agreement between the parties in writing; or
b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor Contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s 's right to audit the contractor’s Contractor's records and/or to determine the correct number of units independently; or
c. By ordering the contractor Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor Contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor Contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.
Appears in 1 contract
Samples: Contract
CHANGES TO THE CONTRACT. Changes can be made to the contract in any of the following ways:
1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. An Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. The If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:
a. By mutual agreement between the parties in writing; or
b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or
c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes dispute’s provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.
Appears in 1 contract
Samples: Restaurant Agreement
CHANGES TO THE CONTRACT. Changes can be made to the contract in any of the following ways:
1. : o The parties may agree in writing to modify the terms, conditions, or scope of the contract. An Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
2. o The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. The If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:
a. By 0. Xx mutual agreement between the parties in writing; or
b. By 0. Xx agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or
c. By 0. Xx ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.
Appears in 1 contract
Samples: Financing Agreement
CHANGES TO THE CONTRACT. Changes can be made to the contract Contract in any of the following ways:
1. A. The parties Authorized Representatives may agree in writing to modify the scope of the contractContract. An increase or decrease in the price of the contract Contract resulting from such modification shall be agreed to by the parties as a part of their its written agreement to modify the scope of the contractContract.
2. B. The Purchasing Agency DGS/DPS Contract Manager may order changes within the general scope of the contract Contract at any time by written notice to the contractorContractor. Changes within the scope of the contract Contract include, but are not limited to, things such as services to be performed, and the method of packing or shipment, and . The Authorized User will stipulate the place of delivery or installation. The contractor Contractor shall comply with the notice upon receipt. The contractor Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency Authorized User a credit for any savings. Said compensation shall be determined by one (1) of the following methods:
a. 1. By mutual agreement between the parties in writing; or
b. 2. By agreeing upon a unit price or using a unit price set forth in the contractContract, if the work to be done can be expressed in units, and the contractor Contractor accounts for the number of units of work performed, subject to the Purchasing AgencyDGS/DPS Contract Manager’s right to audit the contractorContractor’s records and/or to determine the correct number of units independently; or
c. 3. By ordering the contractor Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contractContract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor Contractor shall present the Purchasing Agency DGS/DPS Contract Manager with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency DGS/DPS Contract Manager shall have the right to audit the records of the contractor Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency DGS/DPS Contract Manager within thirty (30) days from the date of receipt of the written order from the Purchasing AgencyAuthorized User. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract Contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract Contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract Contract shall excuse the contractor Contractor from promptly complying with the changes ordered by the Purchasing Agency DGS/DPS Contract Manager or with the performance of the contract Contract generally.
Appears in 1 contract
Samples: Contract