Common use of Enforcement and Penalties for Breach of Subcontracting Plan Clause in Contracts

Enforcement and Penalties for Breach of Subcontracting Plan. Section 7.9.1 The A/E shall be deemed to have breached a subcontracting plan required by law, if the A/E (i) fails to submit subcontracting plan monitoring or compliance reports or other required subcontracting information in a reasonably timely manner; (ii) submits a monitoring or compliance report or other required subcontracting information containing a materially false statement; or (iii) fails to meet its subcontracting requirements. Section 7.9.2 A contractor that is found to have breached its subcontracting plan for utilization of CBEs in the performance of a Contract shall be subject to the imposition of penalties, including monetary fines in accordance with D.C. Official Code § 2-218.63. Section 7.9.3 If the CO determines the A/E’s failure to be a material breach of the Contract, the CO shall have cause to terminate the Contract for default pursuant to the terms set forth in the Standard Contract Provisions, in clause 8 of the SCP, Default. Section 7.9.4 Neither the A/E nor its subconsultant may remove a subcontractor or tier- subcontractor if such subcontractor or tier-subcontractor is certified as an LSDBE company unless the Department approves of such removal, in writing. The Department may condition its approval upon the A/E developing a plan that is, in the Department’s sole and absolute judgment, adequate to maintain the level of LSDBE participation on the Project.

Enforcement and Penalties for Breach of Subcontracting Plan. Section 7.9.1 The A/E shall be deemed to have breached a subcontracting plan required by law, if the A/E (i) fails to submit subcontracting plan monitoring or compliance reports or other required subcontracting information in a reasonably timely manner; (ii) submits a monitoring or compliance report or other required subcontracting information containing a materially false statement; or (iii) fails to meet its subcontracting requirements. Section 7.9.2 A contractor that is found to have breached its subcontracting plan for utilization of CBEs in the performance of a Contract shall be subject to the imposition of penalties, including monetary fines in accordance with D.C. Official Code § 2-218.63. Section 7.9.3 If the CO determines the A/E’s failure to be a material breach of the Contract, the CO shall have cause to terminate the Contract for default pursuant to the terms set forth in the Standard Contract Provisions, in clause 8 of the SCP, Default. Section 7.9.4 Neither the A/E nor its subconsultant may remove a subcontractor or tier- subcontractor tiersubcontractor if such subcontractor or tier-subcontractor is certified as an LSDBE company unless the Department approves of such removal, in writing. The Department may condition its approval upon the A/E developing a plan that is, in the Department’s sole and absolute judgment, adequate to maintain the level of LSDBE participation on the Project.

Enforcement and Penalties for Breach of Subcontracting Plan. Section 7.9.1 The A/E shall be deemed to have breached a subcontracting plan required by law, if the A/E (i) fails to submit subcontracting plan monitoring or compliance reports or other required subcontracting information in a reasonably timely manner; (ii) submits a monitoring or compliance report or other required subcontracting information containing a materially false statement; or (iii) fails to meet its subcontracting requirements. Section 7.9.2 A contractor that is found to have breached its subcontracting plan for utilization of CBEs in the performance of a Contract shall be subject to the imposition of penalties, including monetary fines in accordance with D.C. Official Code § 2-218.63. Section 7.9.3 If the CO determines the A/E’s failure to be a material breach of the Contract, the CO shall have cause to terminate the Contract for default pursuant to the terms set forth in the Standard Contract Provisions, in clause Article 8 of the SCP, DefaultStandard Contract Provisions. Section 7.9.4 Neither the A/E nor its subconsultant may remove a subcontractor or tier- subcontractor if such subcontractor or tier-subcontractor is certified as an LSDBE company unless the Department approves of such removal, in writing. The Department may condition its approval upon the A/E developing a plan that is, in the Department’s sole and absolute judgment, adequate to maintain the level of LSDBE participation on the Project.