CONTRACTOR STAFF REPLACEMENT.
1. Contractor shall ensure the continuity of its staff members assigned to a Project with an Authorized User.
a. It is recognized that circumstances may arise that necessitate the replacement of a Contractor staff member during a Project for reasons beyond the control of the Contractor (e.g., staff member leaving Contractor’s employ, sickness, or other similar material change in employment circumstances which renders the staff member unavailable. Note: Reassignment of Contractor staff to work on the Project of another entity or another Authorized User is an example of a break in continuity which is not for reasons beyond the control of the Contractor). Where replacement is required for reasons beyond the control of the Contractor, Contractor shall give Authorized User written notice within one business day from the date Contractor becomes aware that a replacement will be needed.
b. In the event replacement of a Contractor staff member is required for reasons which are not beyond Contractor’s control, Contractor will give the Authorized User at least 30 calendar days written notification of the reasons for the replacement.
c. The Authorized User shall have the right, in its reasonable discretion, to request the replacement of a Contractor staff member at any time.
d. Whenever replacement of a Contractor staff member is necessary as contemplated in (a), (b) and (c) above, Contractor shall propose a replacement staff member to the Authorized User within 14 calendar days after Contractor notification or the Authorized User request for replacement. The qualifications of replacement staff members proposed by Contractor shall meet or exceed the qualifications of the staff member being replaced.
2. The Authorized User shall have the right to approve or disapprove any proposed replacement candidate. Such approval shall not be unreasonably withheld. Any approval or disapproval shall be made and communicated to Contractor within 14 calendar days. Any such approval or disapproval shall be documented by both NYSTEC and the Authorized User.
3. Contractor agrees that where notice of approval or disapproval is given by the Authorized User within 14 calendar days, replacement of staff shall not be grounds for an extension of deliverable due dates, an increase to cost to the project, nor an increase in the hourly rate of the proposed replacement staff member over the staff member being replaced.
4. Notwithstanding the foregoing, Authorized User shall have the right to can...
CONTRACTOR STAFF REPLACEMENT. Within thirty (30) calendar days, the Contractor shall submit the following items to the SCO Contract Manager or representative:
1. The proposed staff’s resume that meets the qualifications identified in this agreement and in the TDDC MSA Classification for the replaced staff.
2. Exhibit F: Personnel Change Request Form.
3. Attachment 15: Staff Mandatory and Desirable Scored Qualification Form.
4. Attachment 16: Staff Reference Form for each listed experience.
5. Attachment 10: TDDC MSA Classification Qualifications, including any required certifications or degrees.
6. The proposed staff’s home physical address, work email and direct phone number. This information is needed for the State to send background check instructions and schedule the Live Scan background checks.
7. Domain email address (i.e., @XxxxxxxxxxXxxx.xxx). SCO requires domain email addresses to provide SharePoint user access.
8. SCO reserves the right to request a statement from the Key Staff who is being replaced to confirm the reason for replacement.
9. The SCO reserves the right to reduce the hourly rate of the new staff which shall be dependent, in part, upon the experience and individual skills of the proposed replacement staff. The replacement staff’s hourly rate shall not exceed the hourly rate for that position as set forth in the Agreement but may be lower.
10. Replacement Contractor staff must be the same TDDC MSA classifications identified in this agreement.
11. For replacement of Key Staff, Contractor must ensure that at all times Staff Mandatory Qualifications are being fully met.
12. SCO shall have the ability to interview the proposed staff prior to approval or rejection of the proposed staff change.
13. If SCO rejects the proposed staff, the Contractor shall provide the State with another viable staff within thirty (30) calendar days or a mutually agreed upon date.
14. If a qualified staff is not identified within thirty (30) calendar days of rejection, the Contractor shall be in material breach of the Agreement unless the Contractor submits a written request for an extension and SCO provides written approval before the deadline.
15. If the proposed staff is acceptable to the State, the State representative shall sign the Exhibit F: Personnel Change Request Form and submit it to the Contractor representative for signature.
16. Upon receipt of signed Exhibit F: Personnel Change Request Form the State representative will schedule a Live Scan background check as described in Se...
