Common use of Permissible Basis for Change Required Clause in Contracts

Permissible Basis for Change Required. No changes to the Compliance Plan or contractual MBE and WBE commitments or substitution of MBE or WBE subcontractors may be made without the prior written approval of the Contract Compliance Officer. Unauthorized changes or substitutions, including performing the work designated for a subcontractor with the contractor’s own forces, shall be a violation of these Special Conditions and a breach of the contract with the City, and may cause termination of the executed Contract for breach, and/or subject the bidder or contractor to contract remedies or other sanctions. The facts supporting the request for changes must not have been known nor reasonably could have been known by the parties prior to entering into the subcontract. Bid shopping is prohibited. The bidder or contractor must negotiate with the subcontractor to resolve the problem. If requested by either party, the Department of Procurement Services shall facilitate such a meeting. Where there has been a mistake or disagreement about the scope of work, the MBE or WBE can be substituted only where an agreement cannot be reached for a reasonable price for the correct scope of work. Substitutions of a MBE or WBE subcontractor shall be permitted only on the following basis: a) Unavailability after receipt of reasonable notice to proceed; b) Failure of performance; c) Financial incapacity; d) Refusal by the subcontractor to honor the bid or proposal price or scope; e) Mistake of fact or law about the elements of the scope of work of a solicitation where a reasonable price cannot be agreed; f) Failure of the subcontractor to meet insurance, licensing or bonding requirements; g) The subcontractor's withdrawal of its bid or proposal; or h) De-certification of the subcontractor as a MBE or WBE (graduation from the MBE/WBE program does not constitute de-certification). i) Termination of a Mentor Protégé Agreement.

Permissible Basis for Change Required. No changes to the Compliance Plan or contractual MBE and WBE commitments or substitution of MBE or WBE subcontractors may be made without the prior written approval of the Contract Compliance Officer. Unauthorized changes or substitutions, including performing the work designated for a subcontractor with the contractor’s own forces, shall be a violation of these Special Conditions and a breach of the contract with the City, and may cause termination of the executed Contract for breach, and/or subject the bidder or contractor to contract remedies or other sanctions. The facts supporting the request for changes must not have been known nor reasonably could have been known by the parties prior to entering into the subcontract. Bid shopping is prohibited. The bidder or contractor must negotiate with the subcontractor to resolve the problem. If requested by either party, the Department of Procurement Services shall facilitate such a meeting. Where there has been a mistake or disagreement about the scope of work, the MBE or WBE can be substituted only where an agreement cannot be reached for a reasonable price for the correct scope of work. Substitutions of a MBE or WBE subcontractor shall be permitted only on the following basis: a) : Unavailability after receipt of reasonable notice to proceed; b) ; Failure of performance; c) ; Financial incapacity; d) ; Refusal by the subcontractor to honor the bid or proposal price or scope; e) ; Mistake of fact or law about the elements of the scope of work of a solicitation where a reasonable price cannot be agreed; f) ; Failure of the subcontractor to meet insurance, licensing or bonding requirements; g) ; The subcontractor's withdrawal of its bid or proposal; or h) or De-certification of the subcontractor as a MBE or WBE (graduation from the MBE/WBE program does not constitute de-certification). i) . Termination of a Mentor Protégé Agreement.

Permissible Basis for Change Required. No changes to the Compliance Plan or contractual MBE and WBE commitments or substitution of MBE or WBE subcontractors may be made without the prior written approval of the Contract Compliance Officer. Unauthorized changes or substitutions, including performing the work designated for a subcontractor with the contractor’s own forces, shall be a violation of these Special Conditions and a breach of the contract Contract with the City, and may cause termination of the executed Contract for breach, and/or subject the bidder or contractor Contractor to contract remedies or other sanctions. The facts supporting the request for changes must not have been known nor reasonably could have been known by the parties prior to entering into the subcontract. Bid shopping is prohibited. The bidder or contractor Contractor must negotiate with the subcontractor to resolve the problem. If requested by either party, the Department of Procurement Services shall facilitate such a meeting. Where there has been a mistake or disagreement about the scope of work, the MBE or WBE can be substituted only where an agreement cannot be reached for a reasonable price for the correct scope of work. Substitutions of a MBE or WBE subcontractor shall be permitted only on the following basis: a) Unavailability after receipt of reasonable notice to proceed; b) Failure of performance; c) Financial incapacity; d) Refusal by the subcontractor to honor the bid or proposal price or scope; e) Mistake of fact or law about the elements of the scope of work of a solicitation where a reasonable price cannot be agreed; f) Failure of the subcontractor to meet insurance, licensing or bonding requirements; g) The subcontractor's withdrawal of its bid or proposal; or h) De-certification of the subcontractor as a MBE or WBE (graduation from the MBE/WBE program does not constitute de-certification). i) Termination of a Mentor Protégé Agreement.

Permissible Basis for Change Required. No changes to the Compliance Plan or contractual MBE and WBE commitments or substitution of MBE or WBE subcontractors Subcontractors may be made without the prior written approval of the Contract Compliance Officer. Unauthorized changes or substitutions, including performing the work designated for a subcontractor Subcontractor with the contractorConsultant’s own forces, shall be a violation of these Special Conditions and a breach of the contract with the City, and may cause termination of the executed Contract for breach, and/or subject the bidder or contractor Consultant to contract remedies or other sanctions. The facts supporting the request for changes must not have been known nor reasonably could have been known by the parties prior to entering into the subcontract. Bid shopping is prohibited. The bidder or contractor Consultant must negotiate with the subcontractor Subcontractor to resolve the problem. If requested by either party, the Department of Procurement Services shall facilitate such a meeting. Where there has been a mistake or disagreement about the scope of work, the MBE or WBE can be substituted only where an agreement cannot be reached for a reasonable price for the correct scope of work. Substitutions of a MBE or WBE subcontractor Subcontractor shall be permitted only on the following basis: a) Unavailability after receipt of reasonable notice to proceed; b) Failure of performance; c) Financial incapacity; d) Refusal by the subcontractor Subcontractor to honor the bid or proposal price or scope; e) Mistake of fact or law about the elements of the scope of work of a solicitation where a reasonable price cannot be agreed; f) Failure of the subcontractor Subcontractor to meet insurance, licensing or bonding requirements; g) The subcontractorSubcontractor's withdrawal of its bid or proposal; or h) De-certification of the subcontractor Subcontractor as a MBE or WBE (graduation from the MBE/WBE program does not constitute de-certification). i) Termination of a Mentor Protégé Agreement.

Permissible Basis for Change Required. No changes to the Compliance Plan or contractual MBE and WBE commitments or substitution of MBE or WBE subcontractors Subcontractors may be made without the prior written approval of the Contract Compliance Officer. Unauthorized changes or substitutions, including performing the work designated for a subcontractor Subcontractor with the contractorConsultant’s own forces, shall be a violation of these Special Conditions and a breach of the contract Contract with the City, and may cause termination of the executed Contract for breach, and/or subject the bidder or contractor Consultant to contract remedies or other sanctions. The facts supporting the request for changes must not have been known nor reasonably could have been known by the parties prior to entering into the subcontract. Bid shopping is prohibited. The bidder or contractor Consultant must negotiate with the subcontractor Subcontractor to resolve the problem. If requested by either party, the Department of Procurement Services shall facilitate such a meeting. Where there has been a mistake or disagreement about the scope of work, the MBE or WBE can be substituted only where an agreement cannot be reached for a reasonable price for the correct scope of work. Substitutions of a MBE or WBE subcontractor Subcontractor shall be permitted only on the following basis: a) Unavailability after receipt of reasonable notice to proceed; b) Failure of performance; c) Financial incapacity; d) Refusal by the subcontractor Subcontractor to honor the bid or proposal price or scope; e) Mistake of fact or law about the elements of the scope of work of a solicitation where a reasonable price cannot be agreed; f) Failure of the subcontractor Subcontractor to meet insurance, licensing or bonding requirements; g) The subcontractorSubcontractor's withdrawal of its bid or proposal; or h) De-certification of the subcontractor Subcontractor as a MBE or WBE (graduation from the MBE/WBE program does not constitute de-certification). i) Termination of a Mentor Protégé Agreement.

Permissible Basis for Change Required. ‌ No changes to the Compliance Plan or contractual MBE and WBE commitments or substitution of MBE or WBE subcontractors may be made without the prior written approval of the Contract Compliance Officer. Unauthorized changes or substitutions, including performing the work designated for a subcontractor with the contractor’s own forces, shall be a violation of these Special Conditions and a breach of the contract with the City, and may cause termination of the executed Contract for breach, and/or subject the bidder or contractor to contract remedies or other sanctions. The facts supporting the request for changes must not have been known nor reasonably could have been known by the parties prior to entering into the subcontract. Bid shopping is prohibited. The bidder or contractor must negotiate with the subcontractor to resolve the problem. If requested by either party, the Department of Procurement Services shall facilitate such a meeting. Where there has been a mistake or disagreement about the scope of work, the MBE or WBE can be substituted only where an agreement cannot be reached for a reasonable price for the correct scope of work. Substitutions of a MBE or WBE subcontractor shall be permitted only on the following basis: a) Unavailability after receipt of reasonable notice to proceed; b) Failure of performance; c) Financial incapacity; d) Refusal by the subcontractor to honor the bid or proposal price or scope; e) Mistake of fact or law about the elements of the scope of work of a solicitation where a reasonable price cannot be agreed; f) Failure of the subcontractor to meet insurance, licensing or bonding requirements; g) The subcontractor's withdrawal of its bid or proposal; or h) De-certification of the subcontractor as a MBE or WBE (graduation from the MBE/WBE program does not constitute de-certification). i) Termination of a Mentor Protégé Agreement.