Expansion of Work. If, after entering into a contract with a Respondent as a result of a purchase solicitation subject to the Policy, MD Xxxxxxxx wishes to expand the scope of work that the Respondent will perform under that contract through a change order or any other contract amendment (the “Additional Work”), MD Xxxxxxxx will determine if the Additional Work contains probable subcontracting opportunities not identified in the initial purchase solicitation for that contract. If MD Xxxxxxxx determines that probable subcontracting opportunities exist for the Additional Work, then the Respondent must submit to MD Xxxxxxxx an amended HUB Subcontracting Plan covering those opportunities that complies with the provisions of 34 TAC Section 20.14. Such an amended HUB Subcontracting Plan must be approved by MD Xxxxxxxx (including MD Anderson’s HUB Coordinator) before (a) the contract may be amended by MD Xxxxxxxx and the Respondent to include the Additional Work and the amended HUB Subcontracting Plan and (b) the Respondent performs the Additional Work. If a Respondent subcontracts any of the additional subcontracting opportunities identified by MD Xxxxxxxx for any Additional Work (i) without complying with 34 TAC Section 20.14 or (ii) before MD Xxxxxxxx and that Respondent amend their contract to include a revised HUB Subcontracting Plan that authorizes such subcontracting, then the Respondent will be deemed to be in breach of its contract with MD Xxxxxxxx. As a result of such breach, MD Xxxxxxxx will be entitled to terminate its contract with the Respondent, and the Respondent will be subject to any remedial actions provided by Texas law, including those set forth in Chapter 2161, Texas Government Code, and 34 TAC Section 20.14. University may report a Respondent’s nonperformance under a contract between that Respondent and MD Xxxxxxxx to the Texas Comptroller in accordance with 34 TAC Sections 20.101 through 20.108.
Appears in 2 contracts
Samples: Construction Contract, Construction Contract
Expansion of Work. If, after entering into a contract with a Respondent as a result of a purchase solicitation subject to the Policy, MD Xxxxxxxx wishes to expand the scope of work that the Respondent will perform under that contract through a change order or any other contract amendment (the “Additional Work”), MD Xxxxxxxx will determine if the Additional Work contains probable subcontracting opportunities not identified in the initial purchase solicitation for that contract. If MD Xxxxxxxx determines that probable subcontracting opportunities exist for the Additional Work, then the Respondent must submit to MD Xxxxxxxx an amended HUB Subcontracting Plan covering those opportunities that complies with the provisions of 34 TAC Section 20.14. Such an amended HUB Subcontracting Plan must be approved by MD Xxxxxxxx (including MD AndersonXxxxxxxx(including U. T. System’s HUB Coordinator) before (a) the contract may be amended by MD Xxxxxxxx and the Respondent to include the Additional Work and the amended HUB Subcontracting Plan and (b) the Respondent performs the Additional Work. If a Respondent subcontracts any of the additional subcontracting opportunities identified by MD Xxxxxxxx for any Additional Work (i) without complying with 34 TAC Section 20.14 or (ii) before MD Xxxxxxxx and that Respondent amend their contract to include a revised HUB Subcontracting Plan that authorizes such subcontracting, then the Respondent will be deemed to be in breach of its contract with MD XxxxxxxxU. T. System. As a result of such breach, MD Xxxxxxxx will be entitled to terminate its contract with the Respondent, and the Respondent will be subject to any remedial actions provided by Texas law, including those set forth in Chapter 2161, Texas Government Code, and 34 TAC Section 20.14. University may report a Respondent’s nonperformance under a contract between that Respondent and MD Xxxxxxxx to the Texas Comptroller in accordance with 34 TAC Sections 20.101 through 20.108.
Appears in 1 contract
Samples: Construction Contract
Expansion of Work. If, after entering into a contract with a Respondent as a result of a purchase solicitation subject to the Policy, MD Xxxxxxxx UTMB wishes to expand the scope of work that the Respondent Contractor will perform under that contract through a change order or any other contract amendment (the “Additional Work”), MD Xxxxxxxx UTMB will determine if the Additional Work contains probable subcontracting opportunities not identified in the initial purchase solicitation for that contract. If MD Xxxxxxxx UTMB determines that probable subcontracting opportunities exist for the Additional Work, then the Respondent Contractor must submit to MD Xxxxxxxx UTMB an amended HUB Subcontracting Plan covering those opportunities that complies with the provisions of 34 TAC Section 20.1420.285. Such an amended HUB Subcontracting Plan must be approved by MD Xxxxxxxx UTMB (including MD AndersonUTMB’s HUB Coordinator) before (abefore
1) the contract may be amended by MD Xxxxxxxx UTMB and the Respondent Contractor to include the Additional Work and the amended HUB Subcontracting Plan and (b2) the Respondent Contractor performs the Additional Work. If a Respondent Contractor subcontracts any of the additional subcontracting opportunities identified by MD Xxxxxxxx UTMB for any Additional Work (i1) without complying with 34 TAC Section 20.14 20.285 or (ii2) before MD Xxxxxxxx UTMB and that Respondent Contractor amend their contract to include a revised HUB Subcontracting Plan that authorizes Authorizes such subcontracting, then the Respondent Contractor will be deemed to be in breach of its contract with MD XxxxxxxxUTMB. As a result of such breach, MD Xxxxxxxx UTMB will be entitled to terminate its contract with the RespondentContractor, and the Respondent Contractor will be subject to any remedial actions provided by Texas law, including those set forth in Chapter 2161, Texas Government Code, and 34 TAC Section 20.1420.285. University UTMB may report a RespondentContractor’s nonperformance under a contract between that Respondent Contractor and MD Xxxxxxxx UTMB to the Texas Comptroller in accordance with 34 TAC Sections 20.101 through 20.108Section 20.285.
Appears in 1 contract
Samples: Construction Manager Agreement