Common use of Remedies for Contractor Breach Clause in Contracts

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. If the contractor is in material breach of the contract, CMHA may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-C, General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA may choose to warn 20.16.1.3. After termination, if the contractor does not agree with CMHA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 29 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

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Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA TPS and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA TPS or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA TPS has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:this 20.16.1.1. If the contractor is in material breach of the contract, CMHA TPS may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-C, General Conditions for Non-Construction Contracts, Section I—(With I— (With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA TPS may choose to warn 20.16.1.3. After termination, if the contractor does not agree with CMHATPS’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHATPS’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHATPS’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document.conducted 20.16.1.5. It is CMHATPS’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHATPS. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 12 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. : If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 33 of Contract Appendix No. 1, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA the Agency may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Instructions to Proposers and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 7 contracts

Samples: Contract for Services, Housing Choice Voucher Program Management Services Contract, Construction Manager at Risk Agreement

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.121.19.1.1. If the contractor is in material breach of the contract, CMHA may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-C, General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.221.19.1.2. Prior to termination, CMHA may choose to warn 20.16.1.321.19.1.3. After termination, if the contractor does not agree with CMHA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.421.19.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.521.19.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.621.19.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.721.19.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 6 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. : If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section Clauses No. 332 and No. 34 of Contract Appendix No. 1, form HUD-5370-CHUD-5370 (1/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)Contracts – Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA the Agency may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Instructions to Proposers and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 5 contracts

Samples: Security Camera Installation Services Contract, Plumbing Services Contract, Contract for Electrical Services

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. If the contractor is in material breach of the contract, CMHA may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-CC (1/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA may choose to warn 20.16.1.3. After termination, if the contractor does not agree with CMHA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 5 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. If the contractor is in material breach of the contract, CMHA may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-HUD-5370- C, General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA may choose to warn 20.16.1.3. After termination, if the contractor does not agree with CMHA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 5 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions Agreement

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as a clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. : If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section Clause No. 3, form HUD-5370-C31 of Appendix No. 1, General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)Contracts – Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA the Agency may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Supplemental Instructions to Bidders and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 4 contracts

Samples: Contract, Contract, Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear clear, and complete complete, a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. : If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 33 of Contract Appendix No. 1, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA the Agency may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Supplemental Instructions to Proposers and Contractors (SIPC) document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 4 contracts

Samples: Contract, Contract for Human Resources and Payroll Software Services, Rental Assistance Demonstration (Rad) Consultant Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the XXX and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA Contract the XXX or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the XXX has the right to issue unilateral addendums to this contractContract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the XXX shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the XXX shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contractContract, CMHA the XXX may promptly invoke the termination clause detailed within Section No. 3, form 3 of Form HUD-5370-CC (10/2006), General Conditions for Non-Non- Construction Contracts, Section I—(With I (With or without Maintenance Work), which is attached hereto, and terminate the contract Contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the XXX may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . The XXX shall maintain in the contractor contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have ten 10 days to disputedispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s the JHA's position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s the JHA's alleged incorrect action(s). 20.16.1.410.1.3 After termination, if the Contractor does not agree with the JHA's justification for the termination, the Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10- day period, he/she shall have no recourse but to accept and agree with the JHA's position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the JHA's alleged incorrect action(s). 10.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Instructions to Proposers and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 3 contracts

Samples: Contract, Contract, Contract

Remedies for Contractor Breach. Pertaining to Regarding contract-related issues, it is the responsibility of both CMHA MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA MPHA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:. 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA MPHA may promptly invoke the termination clause detailed within Section in Clause No. 33 of Contract Appendix No. 1, form HUD-5370HUD- 5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With I— (With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA MPHA may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . If the contractor Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have 10 days to disputedispute or protest, in writing, such action; if he/she they do not do so within the 10-day period, they shall have no recourse but to accept and agree with MPHA's position. The written protest must detail all pertinent information, including justification detailing MPHA's alleged incorrect action(s). 7.1.3 After termination, if the Contractor does not agree with MPHA's justification for termination, the Contractor shall have 10 days to dispute such in writing; if the Contractor does not do so within the 10-day period, he/she they shall have no recourse but to accept and agree with CMHA’s position on the issueMPHA's position. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHA’s MPHA's alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 3 contracts

Samples: Service Agreement, Contract, Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the MPHA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, the MPHA shall employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoClauses Xx. 300 xxx 00 Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CHUD-5370 (1/2014), General Contract Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, Public and Indian Housing Programs and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the MPHA may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The MPHA shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the MPHA’s position. The written protest must detail all pertinent information, including justification detailing the MPHA’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe MPHA’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s).to 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 3 contracts

Samples: Contract for Services, Contract for Services, Contract for Services

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the MPHA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, the MPHA shall employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the MPHA may promptly invoke the termination clause detailed within Section NoXx. 30 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CEZ (01/2014), General Conditions for Non-Construction Small Construction/Development Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the MPHA may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The MPHA shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the MPHA’s position. The written protest must detail all pertinent information, including justification detailing the MPHA’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe MPHA’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe MPHA’s position on the issueposition. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHAthe MPHA’s alleged incorrect action(s). 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 3 contracts

Samples: Contract for Services, Contract for Services, Contract for Services

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:respond 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoClause Xx. 300 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CHUD-5370 (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)– Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 3 contracts

Samples: Contract, Contract, Contract

Remedies for Contractor Breach. Pertaining to Regarding contract-related issues, it is the responsibility of both CMHA MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA MPHA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:. 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA MPHA may promptly invoke the termination clause detailed within Section Noin Clause Xx. 30 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA MPHA may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . If the contractor Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have 10 days to disputedispute or protest, in writing, such action; if he/she they do not do so within the 10-day period, they shall have no recourse but to accept and agree with MPHA's position. The written 7.1.3 After termination, if the Contractor does not agree with MPHA's justification for termination, the Contractor shall have 10 days to dispute such in writing; if the Contractor does not do so within the 10-day period, he/she they shall have no recourse but to accept and agree with CMHA’s position on the issueMPHA's position. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHA’s MPHA's alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 3 contracts

Samples: Contract, Contract Agreement, Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:a 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoClauses Xx. 300 xxx 00 Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CHUD-5370 (1/2014), General Conditions for Non-Small Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, /Development Contracts and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position. The written protest must detail all pertinent information, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s).to 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 3 contracts

Samples: Contract, Contract for Services, Contract for Services

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoXx. 30 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 3 contracts

Samples: Contract, Consulting Agreement, Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, the Agency shall employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section Clauses No. 332 and 34 Contract Appendix No. 1, form HUD-5370-CHUD-5370 (1/2014), General Conditions for Non-Small Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, /Development Contracts and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position. The written protest must detail all pertinent information, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s).to 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 3 contracts

Samples: Construction Contract, Contract for Services, Contract for Services

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, the Agency shall employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoClauses Xx. 300 xxx 00 Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CHUD-5370 (1/2014), General Conditions for Non-Small Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, /Development Contracts and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position. The written protest must detail all pertinent information, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s).to 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 3 contracts

Samples: Contract for Services, Construction Contract, Contract for Services

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoXx. 300 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CHUD-5370 (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)Contracts – Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.pertaining

Appears in 3 contracts

Samples: Contract, Contract, Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the XXX and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the XXX or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the XXX has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the XXX shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA the XXX shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor is in material breach of the contract, CMHA the XXX may promptly invoke the termination clause detailed within Section NoXx. 30 xx Xxxxxxxx Xx. 0, form HUD-5370-CXxxx XXX-0000 (1/2004), General Contract Conditions for Non-Construction Small Construction/Development Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the XXX may choose to warn 20.16.1.3warn the contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing the contractor on probation, thereby giving the contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . The XXX shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor shall have ten 10 days to disputedispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe JHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe JHA’s alleged incorrect action(s). 20.16.1.410.1.3 After termination, if the contractor does not agree with the JHA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10- day period, he/she shall have no recourse but to accept and agree with the JHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the JHA’s alleged incorrect action(s). 10.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Instructions to Proposers and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 3 contracts

Samples: Contract, Contract, Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the HA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the HA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the HA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the HA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA the HA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor is in material breach of the contract, CMHA the HA may promptly invoke the termination clause detailed within Section NoXx. 30 xx Xxxxxxxx Xx. 0, form HUD-5370Xxxx XXX-0000-CX (10/2006), General Conditions for Non-Non- Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the HA may choose to warnwarn the contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the contractor on probation, thereby giving the contractor a certain period of time to correct the deficiencies or potentially suffer termination. The HA shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the contractor does not agree with such action, the contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the HA’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor does not agree with CMHAthe HA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe HA’s alleged incorrect action(s). 20.16.1.4. 10.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Instructions to Proposers and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 3 contracts

Samples: Contract, Contract, Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, the Agency shall employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section Clauses No. 332 and 34 Contract Appendix No. 1, form HUD-5370-CHUD-5370 (1/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, Contracts – Public Housing Programs and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position. The written protest must detail all pertinent information, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issueposition. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 3 contracts

Samples: Contract for Services, Contract for Services, Contract Agreement

Remedies for Contractor Breach. Pertaining to Regarding contract-related issues, it is the responsibility of both CMHA MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA MPHA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:. 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA MPHA may promptly invoke the termination clause detailed within Section Noin Clause Xx. 30 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA MPHA may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . If the contractor Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have 10 days to disputedispute or protest, in writing, such action; if he/she they do not do so within the 10-day period, they shall have no recourse but to accept and agree with MPHA's position. The written protest must detail all pertinent information, including justification detailing MPHA's alleged incorrect action(s). 7.1.3 After termination, if the Contractor does not agree with MPHA's justification for termination, the Contractor shall have 10 days to dispute such in writing; if the Contractor does not do so within the 10-day period, he/she they shall have no recourse but to accept and agree with CMHA’s position on the issueMPHA's position. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHA’s MPHA's alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 3 contracts

Samples: Contract Agreement, Contract Agreement, Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.110.1.1. If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoXx. 300 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CHUD-5370 (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.210.1.2. Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.310.1.3. After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.410.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Supplemental Instructions to Bidders and Contractors (SIBC) document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 2 contracts

Samples: Contract Agreement, Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:have 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section Clause No. 332 of Contract Appendix No. 1, form HUD-5370-CHUD-5370 (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)–Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 2 contracts

Samples: Contract, Contract

Remedies for Contractor Breach. Pertaining to Regarding contract-related issues, it is the responsibility of both CMHA MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA MPHA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:. 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA MPHA may promptly invoke the termination clause detailed within Section Noin Clause Xx. 300 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, ) and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA MPHA may choose to warn 20.16.1.3warn Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing Contractor on probation, thereby giving Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if the contractor . If Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have 10 days to disputedispute or protest, in writing, such action; if heshe/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issueMPHA's position. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHA’s MPHA's alleged incorrect action(s). 20.16.1.47.1.3 After termination, if Contractor does not agree with MPHA's justification for termination, Contractor shall have 10 days to dispute such in writing; if Contractor does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with MPHA's position. The response to any written protest received shall be conducted in accordance with Section No. 4.0 of this documentmust detail all pertinent information, including justification detailing MPHA's alleged incorrect action(s). 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 2 contracts

Samples: Contract, Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:have 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoXx. 30 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 2 contracts

Samples: Contract, Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoXx. 30 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . The Agency shall maintain in the contractor contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have ten 10 days to disputedispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.shall

Appears in 2 contracts

Samples: Contract, Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the HA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the HA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the HA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the HA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA the HA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. : If the contractor is in material breach of the contract, CMHA the HA may promptly invoke the termination clause detailed within Section No. 33 of Appendix No. 1, form Form HUD-5370-CC (10/2006), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA the HA may choose to warn 20.16.1.3warn the contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the contractor on probation, thereby giving the contractor a certain period of time to correct the deficiencies or potentially suffer termination. The HA shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the contractor does not agree with such action, the contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the HA’s alleged incorrect action(s). After termination, if the contractor does not agree with CMHAthe HA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe HA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Instructions to Proposers and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 2 contracts

Samples: Trade Services Contract, Termite Treatment Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. : If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 33 of Contract Appendix No. 1, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA the Agency may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 2 contracts

Samples: Construction Contract, Contract for Services

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the HA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the HA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the HA has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 ten days, respond in writing to the other party (however, CMHA the HA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the HA shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. : If the contractor Contractor is in material breach of the contract, CMHA the AHA may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-CForm HUD-5370 (08/2016), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA the HA may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . The HA shall maintain in the contractor contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have 10 ten days to disputedispute or protest, in writing, such action; if he/she does not do so within the 10ten-day period, he/she shall have no recourse but to accept and agree with CMHAthe HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe HA’s alleged incorrect action(s). 20.16.1.4. After termination, if the Contractor does not agree with the HA’s justification for the termination, the Contractor shall have ten days to dispute, in writing, such action; if he/she does not do so within the ten-day period, he/she shall have no recourse but to accept and agree with the HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the HA’s alleged incorrect action(s). The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy the Instructions to resolve all contractual issues informally Proposers and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause Contractors document as described in the form HUD-5370-C.RFP.

Appears in 2 contracts

Samples: Contract, Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear clear, and complete complete, a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 33 of Contract Appendix No. 1, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warn 20.16.1.3. After terminationwarn the Contractor, if the contractor does not agree with CMHA’s justification for the termination, the contractor shall have 10 days to dispute, verbally or in writing, such action; if he/she does not do so within of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the 10-day periodContractor on probation, he/she shall have no recourse but thereby giving the Contractor a certain period of time to accept and agree with CMHA’s position on correct the issuedeficiencies or potentially suffer termination. The written protest must detail all pertinent information pertaining to Agency shall maintain in the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for file a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor record of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.any such warning detailing

Appears in 2 contracts

Samples: Contract Agreement, Contract Agreement

Remedies for Contractor Breach. Pertaining to Regarding contract-related issues, it is the responsibility of both CMHA MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA MPHA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:. 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA MPHA may promptly invoke the termination clause detailed within Section in Contract Appendix No. 31, form HUD-5370-C, General Conditions Table 5.1 Mandatory Contract Clauses for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached heretoSmall Purchases Other Than Construction, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA MPHA may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . If the contractor Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have 10 days to disputedispute or protest, in writing, such action; if he/she does they do not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issueMPHA's position. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHA’s MPHA's alleged incorrect action(s). 20.16.1.47.1.3 After termination, if the Contractor does not agree with MPHA's justification for termination, the Contractor shall have 10 days to dispute such in writing; if the Contractor does not do so within the 10-day period, they shall have no recourse but to accept and agree with MPHA's position. The response to any written protest received shall be conducted in accordance with Section No. 4.0 of this documentmust detail all pertinent information, including justification detailing MPHA's alleged incorrect action(s). 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 2 contracts

Samples: Contract Agreement, Contract Agreement

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the HA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the HA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the HA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the HA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA the HA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor is in material breach of the contract, CMHA the HA may promptly invoke the termination clause detailed within Section NoXx. 30 xx Xxxxxxxx Xx. 0, form HUD-5370Xxxx XXX-0000-CX (10/2006), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the HA may choose to warnwarn the contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the contractor on probation, thereby giving the contractor a certain period of time to correct the deficiencies or potentially suffer termination. The HA shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the contractor does not agree with such action, the contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the HA’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor does not agree with CMHAthe HA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe HA’s alleged incorrect action(s). 20.16.1.4. 10.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Instructions to Proposers and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 2 contracts

Samples: Contract, Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. : If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoXx. 30 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA the Agency may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Instructions to Proposers and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 2 contracts

Samples: Contract, Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. : If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 33 of Contract Appendix No. 1, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA the Agency may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Supplemental Instructions to Proposers and Contractors (SIPC) document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 2 contracts

Samples: Contract, Legal Services Agreement

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:respond 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section Clause No. 332 of Contract Appendix No. 1, form HUD-5370-CHUD-5370 (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)– Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the HA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the HA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the HA has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 ten days, respond in writing to the other party (however, CMHA the HA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the HA shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the AHA may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-CForm HUD-5370 (08/2016), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the HA may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . The HA shall maintain in the contractor contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have 10 ten days to disputedispute or protest, in writing, such action; if he/she does not do so within the 10ten-day period, he/she shall have no recourse but to accept and agree with CMHAthe HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe HA’s alleged incorrect action(s). 20.16.1.410.1.3 After termination, if the Contractor does not agree with the HA’s justification for the termination, the Contractor shall have ten days to dispute, in writing, such action; if he/she does not do so within the ten-day period, he/she shall have no recourse but to accept and agree with the HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the HA’s alleged incorrect action(s). 10.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy the Instructions to resolve all contractual issues informally Proposers and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause Contractors document as described in the form HUD-5370-C.RFP.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, the Agency shall employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoClauses Xx. 300 xxx 00 Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CHUD-5370 (1/2014), General Contract Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, Public and Indian Housing Programs and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position. The written protest must detail all pertinent information, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issueposition. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract for Services

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the HA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the HA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the HA has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 ten daysbusiness days, respond in writing to the other party (however, CMHA the HA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the HA shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. : If the contractor Contractor is in material breach of the contract, CMHA the AHA may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-CForm HUD-5370 (08/2016), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA the HA may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . The HA shall maintain in the contractor contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have 10 ten daysbusiness days to disputedispute or protest, in writing, such action; if he/she does not do so within the 10ten-day period, he/she shall have no recourse but to accept and agree with CMHAthe HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe HA’s alleged incorrect action(s). 20.16.1.4. After termination, if the Contractor does not agree with the HA’s justification for the termination, the Contractor shall have ten daysbusiness days to dispute, in writing, such action; if he/she does not do so within the ten-day period, he/she shall have no recourse but to accept and agree with the HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the HA’s alleged incorrect action(s). The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy the Instructions to resolve all contractual issues informally Proposers and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause Contractors document as described in the form HUD-5370-C.RFP.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA BHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA BHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party party, communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 ten (10) days, respond in writing to the other party (however, CMHA BHA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA BHA shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues:. 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA BHA may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-CAppendix 1, General Contract Conditions for Non-Construction Small Construction/Development Contracts, Section I—(With or without Maintenance Work), which is attached hereto, Form HUD-5370EZ (1/2014) Clause 4 and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent relevant issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA BHA may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . BHA shall maintain in the contractor contract file a written record of any such warning detailing all relevant information. If the Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have 10 ten (10) days to disputedispute or protest, in writing, such action; if he/she does not do so within the ten (10-) day period, he/she shall have no recourse but to accept and agree with CMHABHA’s position on the issue. The written protest must detail all pertinent relevant information pertaining to the dispute, dispute including justification detailing CMHABHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Service Agreement

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. : If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 33 of Appendix No. 1, form Form HUD-5370-CC (1/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA the Agency may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Instructions to Proposers and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, the Agency shall employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoClauses Xx. 300 xxx 00 Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CEZ (1/2014), General Conditions for Non-Small Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, /Development Contracts and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position. The written protest must detail all pertinent information, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issueposition. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract for Services

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoClause Xx. 300 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CHUD-5370 (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)–Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:the 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 332 of Contract Appendix No. 1, form HUD-5370-CHUD-5370 (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)–Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. If the contractor is in material breach of the contract, CMHA may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-C, General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)HUD-51915, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA may choose to warn 20.16.1.3. After termination, if the contractor does not agree with CMHA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.HUD-51915.

Appears in 1 contract

Samples: General Terms and Conditions

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA TPS and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. If the contractor is in material breach of the contract, CMHA TPS may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-C, General Conditions for Non-Construction Contracts, Section I—(With I— (With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA TPS may choose to warn 20.16.1.3. After termination, if the contractor does not agree with CMHATPS’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHATPS’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s).all 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHATPS’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHATPS. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: General Terms and Conditions

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear clear, and complete complete, a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. : If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 332 of Contract Appendix No. 1, form HUD-5370-CHUD-5370 (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)–Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA the Agency may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. : If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 33 of Appendix No. 1, form Form HUD-5370-CC (1/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA the Agency may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentthe Supplemental Instructions to Proposers and Contractors document issued as a part of the RFP. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: General Contracting Construction Management

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 3, Paragraph 32 of form HUD-5370-CHUD-5370 (11/2006), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . The Agency shall maintain in the contractor contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have ten 10 days to disputedispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.in

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:have 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoClause Xx. 300 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CHUD-5370 (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)–Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to Regarding contract-related issues, it is the responsibility of both CMHA MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:, 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA MPHA may promptly invoke the termination clause detailed within Section Noin Clause Xx. 30 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA MPHA may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . If the contractor Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have 10 days to disputedispute or protest, in writing, such action; if he/she does they do not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issueMPHA's position. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHA’s MPHA's alleged incorrect action(s). 20.16.1.47.1.3 After termination, if the Contractor does not agree with MPHA's justification for termination, the Contractor shall have 10 days to dispute such in writing; if the Contractor does not do so within the 10-day period, they shall have no recourse but to accept and agree with MPHA's position. The response to any written protest received shall be conducted in accordance with Section No. 4.0 of this documentmust detail all pertinent information, including justification detailing MPHA's alleged incorrect action(s). 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract Agreement

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the HA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the HA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the HA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the HA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA the HA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor is in material breach of the contract, CMHA the HA may promptly invoke the termination clause detailed within Section No. 33 of Appendix No. 1, form Form HUD-5370-CC (10/2006), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination.Non- 20.16.1.2. 10.1.2 Prior to termination, CMHA the HA may choose to warnwarn the contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the contractor on probation, thereby giving the contractor a certain period of time to correct the deficiencies or potentially suffer termination. The HA shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the contractor does not agree with such action, the contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the HA’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor does not agree with CMHAthe HA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe HA’s alleged incorrect action(s). 20.16.1.4. 10.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Instructions to Proposers and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. : If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 332 of Contract Appendix No. 1, form HUD-5370-CHUD-5370 (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)–Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA the Agency may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

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Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, the Agency shall employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section Contract Appendix No. 31, form HUD-5370-CEZ, General Contract Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, Small Construction/Development Contracts and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position. The written protest must detail all pertinent information, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issueposition. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract for Services

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the MPHA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, the MPHA shall employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section Contract Appendix No. 32 Form HUD Table 5.1, form HUD-5370-C, General Conditions Mandatory Contract Clauses for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, Small Purchases Construction/Development Contracts and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the MPHA may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The MPHA shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the MPHA’s position. The written protest must detail all pertinent information, including justification detailing the MPHA’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe MPHA’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe MPHA’s position on the issueposition. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHAthe MPHA’s alleged incorrect action(s). 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract for Services

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:, 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the MPHA may promptly invoke the termination clause detailed within Section NoXx. 30 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CEZ (01/2014), General Conditions for Non-Construction Small Construction/Development Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the MPHA may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The MPHA shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the MPHA’s position. The written protest must detail all pertinent information, including justification detailing the MPHA’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe MPHA’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe MPHA’s position on the issueposition. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHAthe MPHA’s alleged incorrect action(s). 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract for Services

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the HA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the HA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the HA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the HA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA the HA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor is in material breach of the contract, CMHA the HA may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-C, Form HUD-5370 General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the HA may choose to warnwarn the contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the contractor on probation, thereby giving the contractor a certain period of time to correct the deficiencies or potentially suffer termination. The HA shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the contractor does not agree with such action, the contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the HA’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor does not agree with CMHAthe HA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe HA’s alleged incorrect action(s). 20.16.1.4. 10.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Instructions to Proposers and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract Between the Gibbon Housing Agency and the Contractor

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoXx. 30 xx Xxxxxxxx Xx. 0, form HUD-5370XXX Xxxx-0000-CXX (01/2014), General Contract Conditions for Non-Construction Small Construction/Development Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. 10.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 8.0 of this the Instructions to Offerors Non-Construction document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, the Agency shall employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoClauses Xx. 300 xxx 00 Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CEZ (1/2014), General Conditions for Non-Small Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, /Development Contracts and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position. The written protest must detail all pertinent information, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s).to 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract for Services

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:, 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 33 of Contract Appendix No. 1, form HUD-5370-CC (01/2014), General Conditions for Nonnon-Construction Contracts, Section I—(With I – (With or without Maintenance WorkWork (pertaining to Maintenance-related work), which is or Section No. 34 of Contract Appendix No. 3, form HUD-5370 (1/2014), General Conditions for Construction Contracts – Public Housing Programs (pertaining to construction-related issues), each form attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the MPHA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, the MPHA shall employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA MPHA may promptly invoke the termination clause detailed within Section Noin Clause Xx. 300 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, ) and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the MPHA may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The MPHA shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the MPHA’s position. The written protest must detail all pertinent information, including justification detailing the MPHA’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe MPHA’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe MPHA’s position on the issueposition. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHAthe MPHA’s alleged incorrect action(s). 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Consulting Agreement

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the HA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the HA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:that 20.16.1.1. 10.1.1 If the contractor is in material breach of the contract, CMHA the HA may promptly invoke the termination clause detailed within Section NoXx. 30 xx Xxxxxxxx Xx. 0, form HUD-5370Xxxx XXX-0000-CX (1/2014), General Conditions for Non-Non- Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the HA may choose to warnwarn the contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the contractor on probation, thereby giving the contractor a certain period of time to correct the deficiencies or potentially suffer termination. The HA shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the contractor does not agree with such action, the contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the HA’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor does not agree with CMHAthe HA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe HA’s alleged incorrect action(s). 20.16.1.4. 10.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Instructions to Proposers and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:other 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoXx. 30 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. 10.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Instructions to Proposers and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.11. If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoXx. 30 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.22. Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.33. After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.44. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Instructions to Proposers and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 33 of Contract Appendix No. 1, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), for maintenance work; and Section No. 4 of Contract Appendix No. 3, Form HUD-5370-EZ (1/2014), General Condition for Small Construction/Development Contracts, for construction work; each of which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s).the 20.16.1.4. 10.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Agency’s Supplemental Instructions to Bidders and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoClause Xx. 300 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CHUD-5370 (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)–Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.the

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:right 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section Clauses No. 332 and 34 Contract Appendix No. 1, form HUD-5370-CHUD-5370 (1/2014), General Conditions for Non-Small Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, /Development Contracts and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position. The written protest must detail all pertinent information, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s).to 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the HA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the HA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the HA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the HA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA the HA shall, at a 4Hyperlink to Standard Form LLL, Rev. 7/97: xxxx://xxx.xxxxxxxxxx.xxx/sites/default/files/omb/gra nts/sflllin.pdf minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. 6.23.1.1 If the contractor is in material breach of the contract, CMHA the HA may promptly invoke the termination clause detailed within Section Noin clause 3 of form HUD- 5370-C (exp. 3, form HUD-5370-C1/31/2017), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached heretoby reference (see fn.1 hyperlink above), and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 6.23.1.2 Prior to termination, CMHA the HA may choose to warnwarn the contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the contractor on probation, thereby giving the contractor a certain period of time to correct the deficiencies or potentially suffer termination. The HA shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the contractor does not agree with such action, the contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the HA’s alleged incorrect action(s). 20.16.1.3. 6.23.1.3 After termination, if the contractor does not agree with CMHAthe HA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe HA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe HA’s alleged incorrect action(s). 20.16.1.4. 6.23.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Laundry Equipment Lease & Services Agreement

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:other 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 33 of Contract Appendix No. 1, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:, 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoClauses Xx. 300 xxx 00 Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CHUD-5370 (1/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, Contracts and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position. The written protest must detail all pertinent information, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s).to 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract for Services

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 334 of Contract Appendix No. 1, form HUD-5370-CHUD-5370 (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)Contracts – Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.pertaining

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 33 of Contract Appendix No. 1, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to Regarding contract-related issues, it is the responsibility of both CMHA MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA MPHA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:. 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA MPHA may promptly invoke the termination clause detailed within Section Noin Clause Xx. 300 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, ) and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA MPHA may choose to warnwarn Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing Contractor on probation, thereby giving Contractor a certain period of time to correct 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHA’s MPHA's justification for the termination, the contractor Contractor shall have 10 days to dispute, dispute such in writing, such action; if he/she Contractor does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issueMPHA's position. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHA’s MPHA's alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract Agreement

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the MPHA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, the MPHA shall employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section Contract Appendix No. 3, form HUD-53701 Form HUD 5370-CEZ, General Contract Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, Small Construction/Development Contracts and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the MPHA may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The MPHA shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the MPHA’s position. The written protest must detail all pertinent information, including justification detailing the MPHA’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe MPHA’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe MPHA’s position on the issueposition. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHAthe MPHA’s alleged incorrect action(s). 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract for Services

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. : If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 33 of Appendix No. 1, form Form HUD-5370-CC (1/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA the Agency may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related contract‐related issues, it is the responsibility of both CMHA the Agency and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 ten (10) days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. 11.1.1 If the contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-CForm HUD‐ 5370‐C (10/2006), General Conditions for Non-Construction Non‐Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 11.1.2 Prior to termination, CMHA the Agency may choose to warn 20.16.1.3warn the contractor, verbally or in writing, of any issue of non‐compliant or unsatisfactory performance. After Such written warning may include placing the contractor on probation, thereby giving the contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor shall have 10 ten (10) days to disputedispute or protest, in writing, such action; if he/she does not do so within the 10-10‐ day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.411.1.3 After termination, if the contractor does not agree with the Agency’s justification for the termination, the contractor shall have ten (10) days to dispute, in writing, such action; if he/she does not do so within the 10‐day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 11.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Instructions to Proposers and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. If the contractor is in material breach of the contract, CMHA may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-C, General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination., 20.16.1.2. Prior to termination, CMHA may choose to warn 20.16.1.3. After termination, if the contractor does not agree with CMHA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: General Terms and Conditions

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoClause Xx. 300 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CHUD-5370 (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)– Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . The Agency shall maintain in the contractor contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have ten 10 days to disputedispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance 10.1.3 After termination, if the Contractor does not agree with Section No. 4.0 of this document. 20.16.1.5. It is CMHAthe Agency’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or lessjustification for the termination, the bidderContractor shall have 10 days to dispute, in writing, such action; if he/contractor may request to meet with she does not do so within the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract 10-day period, he/she shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.have no

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the MPHA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, the MPHA shall employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA MPHA may promptly invoke the termination clause detailed within Section Noin Clause Xx. 30 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370HUD- 5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination.I— 20.16.1.2. 7.1.2 Prior to termination, CMHA the MPHA may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The MPHA shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the MPHA’s position. The written protest must detail all pertinent information, including justification detailing the MPHA’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe MPHA’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe MPHA’s position on the issueposition. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHAthe MPHA’s alleged incorrect action(s). 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract for Services

Remedies for Contractor Breach. Pertaining to Regarding contract-related issues, it is the responsibility of both CMHA MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA MPHA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:. 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA MPHA may promptly invoke the termination clause detailed within Section in Contract Appendix No. 31, form HUD-5370-C, General Conditions HUD Form Table 5.1 Mandatory Contract Clauses for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached heretoSmall Purchases Other Than Construction, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA MPHA may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . If the contractor Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have 10 days to disputedispute or protest, in writing, such action; if he/she they do not do so within the 10-day period, they shall have no recourse but to accept and agree with MPHA's position. The written protest must detail all pertinent information, including justification detailing MPHA's alleged incorrect action(s). 7.1.3 After termination, if the Contractor does not agree with MPHA's justification for termination, the Contractor shall have 10 days to dispute such in writing; if the Contractor does not do so within the 10-day period, he/she they shall have no recourse but to accept and agree with CMHA’s position on the issueMPHA's position. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHA’s MPHA's alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, the Agency shall employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section Clauses No. 332 and 34 Contract Appendix No. 1, form HUD-5370-CEZ (1/2014), General Contract Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, Public and Indian Housing Programs and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position. The written protest must detail all pertinent information, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issueposition. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Service Agreement

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, the Agency shall employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section Clauses No. 332 and 34 Contract Appendix No. 1, form HUD-5370-CHUD-5370 (1/2014), General Conditions for Non-Small Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, /Development Contracts and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position. The written protest must detail all pertinent information, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issueposition. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract for Services

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoClause Xx. 300 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CHUD-5370 (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)– Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to Regarding contract-related issues, it is the responsibility of both CMHA MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA MPHA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:. 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA MPHA may promptly invoke the termination clause detailed within Section in Clause No. 33 of Contract Appendix No. 1, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA MPHA may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . If the contractor Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have 10 days to disputedispute or protest, in writing, such action; if he/she they do not do so within the 10-day period, they shall have no recourse but to accept and agree with MPHA's position. The written protest must detail all pertinent information, including justification detailing MPHA's alleged incorrect action(s). 7.1.3 After termination, if the Contractor does not agree with MPHA's justification for termination, the Contractor shall have 10 days to dispute such in writing; if the Contractor does not do so within the 10-day period, he/she they shall have no recourse but to accept and agree with CMHA’s position on the issueMPHA's position. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHA’s MPHA's alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoClause Xx. 300 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CHUD-5370 (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work)– Public Housing Programs, which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warn 20.16.1.3warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if . The Agency shall maintain in the contractor contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have ten 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to Regarding contract-related issues, it is the responsibility of both CMHA MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:party 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA MPHA may promptly invoke the termination clause detailed within Section Noin Clause Xx. 300 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CC (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, ) and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to regarding the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA MPHA may choose to warn 20.16.1.3warn Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. After Such written warning may include placing Contractor on probation, thereby giving Contractor a certain period of time to correct the deficiencies or potentially suffer termination, if the contractor . If Contractor does not agree with CMHA’s justification for the terminationsuch action, the contractor Contractor shall have 10 days to disputedispute or protest, in writing, such action; if heshe/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issueMPHA's position. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHA’s MPHA's alleged incorrect action(s). 20.16.1.47.1.3 After termination, if Contractor does not agree with MPHA's justification for termination, Contractor shall have 10 days to dispute such in writing; if Contractor does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with MPHA's position. The response to any written protest received shall be conducted in accordance with Section No. 4.0 of this documentmust detail all pertinent information, including justification detailing MPHA's alleged incorrect action(s). 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor Contractor as to any performance issues: 20.16.1.1. 10.1.1 If the contractor Contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section NoXx. 30 xx Xxxxxxxx Xx. 0, form HUD-5370XXX Xxxx-0000-CX (01/2014), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination.Non- 20.16.1.2. 10.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have ten 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 10.1.3 After termination, if the contractor Contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. 10.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 8.0 of this the Instructions to Offerors Non-Construction document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the MPHA and the contractor Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the MPHA or the contractor Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right)action. The other party shall, within 10 days, respond in writing to the other party (however, CMHA the MPHA shall retain the right to, if conditions warrant, require the contractor Contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues:, 20.16.1.1. 7.1.1 If the contractor Contractor is in material breach of the contract, CMHA the MPHA may promptly invoke the termination clause detailed within Section NoXx. 30 xx Xxxxxxxx Xxxxxxxx Xx. 0, form HUD-5370-CEZ (01/2014), General Conditions for Non-Construction Small Construction/Development Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor Contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 7.1.2 Prior to termination, CMHA the MPHA may choose to warnwarn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially suffer termination. The MPHA shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor shall have 10 days to dispute or protest, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with the MPHA’s position. The written protest must detail all pertinent information, including justification detailing the MPHA’s alleged incorrect action(s). 20.16.1.3. 7.1.3 After termination, if the contractor Contractor does not agree with CMHAthe MPHA’s justification for the termination, the contractor Contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe MPHA’s position on the issueposition. The written protest must detail all pertinent information pertaining to the disputeinformation, including justification detailing CMHAthe MPHA’s alleged incorrect action(s). 20.16.1.4. 7.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this documentMPHA’s Procurement Policy and Procedures. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract for Services

Remedies for Contractor Breach. Pertaining to contract-related issues, it is the responsibility of both CMHA the Agency and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA the Agency or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA the Agency has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 ten (10) days, respond in writing to the other party (however, CMHA the Agency shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA the Agency shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. 11.1.1 If the contractor is in material breach of the contract, CMHA the Agency may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370Form HUD- 5370-CC (10/2006), General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. 11.1.2 Prior to termination, CMHA the Agency may choose to warnwarn the contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the contractor on probation, thereby giving the contractor a certain period of time to correct the deficiencies or potentially suffer termination. The Agency shall maintain in the contract file a written record of any such warning detailing all pertinent information. If the contractor does not agree with such action, the contractor shall have ten (10) days to dispute or protest, in writing, such action; if he/she does not do so within the 10- day period, he/she shall have no recourse but to accept and agree with the Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the Agency’s alleged incorrect action(s). 20.16.1.3. 11.1.3 After termination, if the contractor does not agree with CMHAthe Agency’s justification for the termination, the contractor shall have 10 ten (10) days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHAthe Agency’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHAthe Agency’s alleged incorrect action(s). 20.16.1.4. 11.1.4 The response to any protest received shall be conducted in accordance with Section No. 4.0 of this the Instructions to Proposers and Contractors document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

Appears in 1 contract

Samples: Contract Agreement

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