Consultant Request of Termination/Substitution. The consultant shall formally request the termination or substitution of a DBE listed on the DBE Intended Participation Affidavit Summary by submitting the DBE Termination/Substitution Request Form and supporting documentation to ECS. The submission shall include the following information: (1) The date the consultant determined the DBE to be unwilling, unable or ineligible to perform. (2) A brief statement of facts describing the situation and citing specific actions or inaction by the DBE firm giving rise to consultant’s assertion that the DBE firm is unwilling, unable, or ineligible to perform. (3) A brief statement of the good faith efforts undertaken by the consultant to enable the DBE firm to perform. (4) The total dollar amount currently paid for work performed by the DBE firm. (5) The total dollar amount remaining to be paid to the DBE firm for work completed, but for which the DBE firm has not received payment, and over which the consultant and the DBE firm have no dispute. (6) The remaining work that has not been completed by the DBE and the corresponding dollar amount. (7) The projected date that the consultant requires a substitution or replacement DBE to commence work, if consent is granted to the request. Written consent for terminating the performance of any DBE listed on the DBE Intended Participation Affidavit Summary will be granted only where the consultant can demonstrate good cause showing that the DBE is unable, unwilling, or ineligible to perform. Such written consent to terminate any DBE shall concurrently constitute written consent to substitute or replace the terminated DBE. Termination or substitution of a DBE listed on the DBE Intended Participation Summary will not be allowed based solely on a consultant's ability to negotiate a more advantageous contract with another subconsultant. The Department will consider both the consultant's request and DBE's response and explanation before approving the consultant's termination and substitution request. Any requests for substitutions or terminations of DBEs shall be made on the forms provided online by ECS.
Appears in 11 contracts
Samples: Engineering Consulting Contract, Engineering Consulting Agreement, Engineering Consulting Contract
Consultant Request of Termination/Substitution. The consultant shall formally request the termination or substitution of a DBE listed on the DBE Intended Participation Affidavit Summary by submitting the DBE Termination/Substitution Request Form and supporting documentation to ECS. The submission shall include the following information:
(1) The date the consultant determined the DBE to be unwilling, unable or ineligible to perform.
(2) A brief statement of facts describing the situation and citing specific actions or inaction by the DBE firm giving rise to consultant’s assertion that the DBE firm is unwilling, unable, or ineligible to perform.
(3) A brief statement of the good faith efforts undertaken by the consultant to enable the DBE firm to perform.
(4) The total dollar amount currently paid for work performed by the DBE firm.
(5) The total dollar amount remaining to be paid to the DBE firm for work completed, but for which the DBE firm has not received payment, and over which the consultant and the DBE firm have no dispute.
(6) The remaining work that has not been completed by the DBE and the corresponding dollar amount.
(7) The projected date that the consultant requires a substitution or replacement DBE to commence work, if consent is granted to the request. Written consent for terminating the performance of any DBE listed on the DBE Intended Participation Affidavit Summary will be granted only where the consultant can demonstrate good cause showing that the DBE is unable, unwilling, or ineligible to perform. Such written consent to terminate any DBE shall concurrently constitute written consent to substitute or replace the terminated DBE. Termination or substitution of a DBE listed on the DBE Intended Participation Summary will not be allowed based solely on a consultant's ability to negotiate a more advantageous contract with another subconsultant. The Department will consider both the consultant's request and DBE's response and explanation before approving the consultant's termination and substitution request. Any requests for substitutions or terminations of DBEs shall be made on the forms provided online by ECS.
Appears in 6 contracts
Samples: Engineering Consulting Contract, Engineering Consulting Agreement, Engineering Consulting Contract
Consultant Request of Termination/Substitution. The consultant shall formally request the termination or substitution of a DBE listed on the DBE Intended Participation Affidavit Summary by submitting the DBE Termination/Substitution Request Form and supporting documentation to ECS. The submission shall include the following information:
(1) The date the consultant determined the DBE to be unwilling, unable or ineligible to perform.
(2) A brief statement of facts describing the situation and citing specific actions or inaction by the DBE firm giving rise to consultant’s assertion that the DBE firm is unwilling, unable, or ineligible to perform.
(3) A brief statement of the good faith efforts undertaken by the consultant to enable the DBE firm to perform.
(4) The total dollar amount currently paid for work performed by the DBE firm.
(5) The total dollar amount remaining to be paid to the DBE firm for work completed, but for which the DBE firm has not received payment, and over which the consultant and the DBE firm have no dispute.
(6) The remaining work that has not been completed by the DBE and the corresponding dollar amount.
(7) The projected date that the consultant requires a substitution or replacement DBE to commence work, if consent is granted to the request. Written consent for terminating the performance of any DBE listed on the DBE Intended Participation Affidavit Summary will be granted only where the consultant can demonstrate good cause showing that the DBE is unable, unwilling, or ineligible to perform. Such written consent to terminate any DBE shall concurrently constitute written consent to substitute or replace the terminated DBE. Termination or substitution of a DBE listed on the DBE Intended Participation Summary will not be allowed based solely on a consultant's ability to negotiate a more advantageous contract with another subconsultant. The Department will consider both the consultant's request and DBE's response and explanation before approving the consultant's termination and substitution request. Any requests for substitutions or terminations of DBEs shall be made on the forms provided online by ECS.
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