Historical Contract Non-Performance Sample Clauses

Historical Contract Non-Performance. 2.1 History of Non- Performing Contracts Non performance of a contract did not occur within the last Three (3) years prior to the deadline for application submission based on all information on fully settled disputes or litigation. A fully settled dispute or litigation is one that has been resolved in accordance with the Dispute Resolution Mechanism under the respective contract, and Must meet requirement Section 8, Schedule 6 Qualification Criteria Compliance Requirement Documentation No. Subject Requirement Bidder Submission Requirements where all appeal instances available to the applicant have been exhausted.
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Historical Contract Non-Performance. 2.1 History of Non- Performing Contracts Non performance of a contract did not occur within the last Three (3) years prior to the deadline for application submission based on all information on fully settled disputes or litigation. A fully settled dispute or litigation is one that has been resolved in accordance with the Dispute Resolution Mechanism under the respective contract, and where all appeal instances available to the applicant have been exhausted. Must meet requirement Section 8, Schedule 6 3.1 Financial Performance (a)Submission of audited balance sheets and other financial statements acceptable to the Employer, for the last two [2] years to demonstrate Financial Capacity: Computation shall be made for the following Ratios and marks awarded to each of the ratios: -Working Capital Ratio - Turn Over ratio - Current ratio - Fixed Asset ratio (a) Score  0 – 10 Each of the Ratios shall be Evaluated based on the Submissions signed by the Auditor Section 7, Schedule 8 (a) All pages must be initialized and stamped by both a practicing Auditor registered with ICPAK and one of the Directors. Auditor’s practicing membership number from ICPAK must be indicated. 3.2 Average Annual Construction Turnover (b) Average Annual construction turnover of KShs. 20 Million [Twenty Million], calculated as total certified payments received for contracts in progress or (b) Score  0 – 2 Marks Section 7, Schedule 8 Qualification Criteria Compliance Requirement Documentation No. Subject Requirement Bidder Submission Requirements completed, within the last two (2) years 4.1(a) General Construction Experience Experience under construction contracts in the role of a main contractor for at least the last Five [5] years prior to the applications submission deadline. Grading shall be assigned to this Experience based scope of work. Score  0 – 2 Marks  1 Mark for each Constru ction project Section 8, Schedule 6
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Historical Contract Non-Performance. 2.1 History of Non- Performing Contracts Non performance of a contract did not occur within the last Three (3) years prior to the deadline for application submission based on all information on fully settled disputes or litigation. A fully settled dispute or litigation is one that has been resolved in accordance with the Dispute Resolution Mechanism under the respective contract, and where all appeal instances available to the applicant have been exhausted. Must meet requirement Section 8, Schedule 6 3.1 Financial Performance (a)Submission of audited balance sheets and other financial statements acceptable to the Employer, for the last two [2] years to demonstrate Financial Capacity: (b) Computation shall be made for the following Ratios and marks awarded to each of the ratios: -Working Capital Ratio - Turn Over ratio - Current ratio - Fixed Asset ratio (a) Submission of a signed Audites Statement Score 0 – 2 Marks (b) Computation of ratios Score 0 – 8 Marks Each of the Ratios shall be Evaluated based on the Submissions signed by the Auditor Section 7, Schedule 8 (a) All pages must be initialized and stamped by both a practicing Auditor registered with ICPAK and one of the Directors. Auditor’s practicing membership number from ICPAK must be indicated.
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Historical Contract Non-Performance. 2.1 History of Non- Performing Contracts Non performance of a contract did not occur within the last Three (3) years prior to the deadline for application submission based on all information on fully settled disputes or litigation. A fully settled dispute or litigation is one that has been resolved in accordance with the Dispute Resolution Mechanism under the respective contract, and where all appeal instances available to the applicant have been exhausted. Must meet requirement Section 8, Schedule 6 3.1 Financial Performance (a)Submission of audited balance sheets and other financial statements acceptable to the Employer, for the last two [2] years to demonstrate Financial Capacity: Computation shall be made for the following Ratios and marks awarded to each of the ratios: -Working Capital Ratio - Turn Over ratio - Current ratio - Fixed Asset ratio (a) Score  0 – 8 Marks Each of the Ratios shall be Evaluated based on the Submissions signed by the Auditor Section 7, Schedule 8 (a) All pages must be initialized and stamped by both a practicing Auditor registered with ICPAK and one of the Directors. Auditor’s practicing membership number from ICPAK must be indicated.
Sample 1
Historical Contract Non-Performance. 2.2.1 History of non- performing Contracts Non-performance of a Contract(i) did not occur as a result of Contractor’s default since 1st January 2016 Must meet requirement(ii) N/A Must meet requirement(ii) N/A Form 15 CON 2.2.2 Pending Litigation All pending litigation shall in total not represent more than Fifty percent (50%) of the Bidder’s net worth and shall be treated as resolved against the Bidder. Must meet requirement(ii) N/A Must meet requirement(ii) N/A Form 15 CON 2.2.3 Litigation History No consistent history of court/arbitral award decisions against the Bidder (iii) since 1st January 2013 Must meet requirement(ii) N/A Must meet requirement(ii) N/A Form 15 CON
Sample 1
Historical Contract Non-Performance. Max 2 SECTION 5 CONDITIONS OF CONTRACT, PART I -GENERAL CONDITIONS
Sample 1
Historical Contract Non-Performance. 2.1 History of Non- Performing Contracts Non-performance of a contract did not occur within the last Three (3) years prior to the deadline for application submission based on all information on fully settled disputes or litigation. A fully settled dispute or litigation is one that has been resolved in accordance with the Dispute Resolution Mechanism under the respective contract, and where all appeal instances available to the applicant have been exhausted. Must meet requirement Section 8, Schedule 6 2.2 Pending Litigation All pending litigation shall in total not represent more than fifty percent (50%) of the Applicant's net worth and shall be treated as resolved against the Applicant. The applicant to provide Sworn affidavit dated within the last 3 months from the date of opening. Score  0 - 2 Marks Section 8, Schedule 9 Qualification Criteria Compliance Requirement Documentation No. Subject Requirement Bidder Submission Requirements 3. Financial Situation 3.1 Financial Performance (a) Submission of audited balance sheets and other financial statements acceptable to the Employer, for the last three (3) years to demonstrate: (b) A reliable line of credit and/or capacity to have a cash flow equivalent to equivalent to Kshs. 10,000,000 (c) Bank statements for six (6) months up to date of tender opening (a) Score  0 – 6 Marks (b) Score  0 – 5 Marks (c) Score  0 – 5 Marks Section 7, Schedule 8 (a) All pages must be initialized and stamped by both a practicing Auditor registered with ICPAK and one of the Directors. Auditor‟s practicing membership number from ICPAK must be indicated.
Sample 1
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Historical Contract Non-Performance 
Sample 1

Related to Historical Contract Non-Performance

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • Continuing Contract Performance Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents.

  • Historical Performance Information To the extent agreed upon by the parties, the Sub-Advisor will provide the Trust with historical performance information on similarly managed investment companies or for other accounts to be included in the Prospectus or for any other uses permitted by applicable law.

  • Monitoring of Contract Performance The Contractor shall comply with the monitoring arrangements set out in the Monitoring Requirements Schedule including, but not limited to, providing such data and information as the Contractor may be required to produce under the Contract.

  • Indemnity for Performance Agreements The Vendor agrees to indemnify and hold harmless and defend TIPS, TIPS Member(s), officers and employees from and against all claims and suits for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and attorney’s fees, arising out of, or resulting from, Vendor’s work under this Agreement, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or invitees, unless such claims are based in whole upon the negligent acts or omissions of the TIPS, TIPS Member(s), officers, employees, or agents. If based in part upon the negligent acts or omissions of the TIPS, TIPS Member(s), officers, employees, or agents, Vendor shall be responsible for their proportional share of the claim. By signature hereon, the bidder hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.

  • Continuing Performance (a) The obligations under this Agreement continue until satisfied in full and do not merge with any action performed or document executed by any Party for the purposes of performance of this Agreement. (b) Any representation in this Agreement survives the execution of any document for the purposes of, and continues after, performance of this Agreement. (c) Any indemnity given by any Party under this Agreement: (i) constitutes a liability of that Party separate and independent from any other liability of that Party under this Agreement or any other agreement; and (ii) survives and continues after performance of this Agreement.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • Contract Performance C19.1 The Contractor shall ensure that: C19.1.1 the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; C19.1.2 the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; C19.1.3 the Goods conform in all respects with all applicable Laws; and C19.1.4 the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority.

  • Seller’s Performance All of the covenants and obligations that Seller is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), shall have been duly performed and complied with in all material respects.

  • Quarterly Contractor Performance Reporting Customers shall complete a Contractor Performance Survey (Exhibit I) for each Contractor on a Quarterly basis. Customers will electronically submit the completed Contractor Performance Survey(s) to the Department Contract Manager no later than the due date indicated in Contract Exhibit D, Section 17, Additional Special Contract Conditions. The completed Contractor Performance Survey(s) will be used by the Department as a performance-reporting tool to measure the performance of Contractors. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MyFloridaMarketPlace or on the Department's website).

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