Common use of Pandemic Contractual Performance Clause in Contracts

Pandemic Contractual Performance. i. The State shall require a written plan that illustrates how the Contractor shall perform up to contractual standards in the event of a pandemic. Area Agency may require a copy of the plan at any time prior or post award of a contract. At a minimum, the pandemic performance plan shall include: 1. Key succession and performance planning if there is a sudden significant decrease in Contractor’s workforce. 2. Alternative methods to ensure there are services or products in the supply chain. 3. An up to date list of company contacts and organizational chart. ii. In the event of a pandemic, as declared by the Governor of Arizona, U.S. Government or the World Health Organization, which makes performance of any term under this contract impossible or impracticable, the Area Agency shall have the following rights: 1. After the official declaration of a pandemic, Area Agency may temporally void the contract(s) in whole or specific sections if the Contractor cannot perform to the standards agreed upon in the initial terms. 2. Area Agency shall not incur any liability if a pandemic is declared and emergency procurements are authorized by the Director of the Arizona Department of Administration per A.R.S. §41-2537 as may be amended of the Arizona Procurement Code. 3. Once the pandemic is officially declared over and/or the Contractor can demonstrate the ability to perform, Area Agency, at its sole discretion, may reinstate the temporarily voided contract(s).

Pandemic Contractual Performance. i. 34.1 The State shall require a written plan that illustrates how the Contractor shall perform up to contractual standards in the event of a pandemic. Area Agency The State may require a copy of the plan at any time prior or post award of a contract. At a minimum, the pandemic performance plan shall include: 1. 34.1.1 Key succession and performance planning if there is a sudden significant decrease in Contractor’s workforce. 2. 34.1.2 Alternative methods to ensure there are services or products in the supply chain. 3. 34.1.3 An up to date list of company contacts and organizational chart. ii. 34.2 In the event of a pandemic, as declared by the Governor of Arizona, U.S. Government or the World Health Organization, which makes performance of any term under this contract Contract impossible or impracticable, the Area Agency State shall have the following rights: 1. 34.2.1 After the official declaration of a pandemic, Area Agency the State may temporally void the contract(sContract(s) in whole or specific sections if the Contractor cannot perform to the standards agreed upon in the initial terms. 2. Area Agency 34.2.2 The State shall not incur any liability if a pandemic is declared and emergency procurements are authorized by the Director of the Arizona Department of Administration per A.R.S. §§ 41-2537 as may be amended of the Arizona Procurement Code. 3. 34.2.3 Once the pandemic is officially declared over and/or the Contractor can demonstrate the ability to perform, Area Agencythe State, at its sole discretion, discretion may reinstate the temporarily voided contract(sContract(s).