Common use of Suspension of Payment and/or Performance for Noncompliance Clause in Contracts

Suspension of Payment and/or Performance for Noncompliance. A. If at any time during the performance of this Contract, DCAMM determines or has reason to believe that (1) there has been a change or reduction in any MBE/WBE Services which will result in CONTRACTOR failing to meet the MBE/WBE participation goal(s) for this Contract, other than a reduction in MBE/WBE Services resulting from a change in the Contract work ordered by DCAMM, and (2) CONTRACTOR has failed to comply fully with all of the terms and conditions of paragraphs 1 through 7 above, DCAMM may: (1) suspend payment to CONTRACTOR of an amount equal to the value of the work which was to have been performed by an MBE/WBE pursuant to CONTRACTOR’s Schedule of MBE/WBE Participation but which was not so performed, in order to ensure that sufficient Contract funds will be available if liquidated damages are assessed pursuant to paragraph 9, and/or (2) suspend CONTRACTOR's performance of this Contract in whole or in part. B. DCAMM shall give CONTRACTOR prompt written notice of any action taken pursuant to paragraph A above and shall give CONTRACTOR and any other interested party, including any MBE/WBEs, an opportunity to present evidence to DCAMM that CONTRACTOR is in compliance with the requirements of this Article, or that there is some justifiable reason for waiving the requirements of this Article in whole or in part. DCAMM may invite SDO and the Massachusetts Commission Against Discrimination to participate in any proceedings undertaken pursuant to this paragraph. C. Upon a showing that CONTRACTOR is in full compliance with the requirements of this Article, or that CONTRACTOR has met or will meet the MBE/WBE participation goals for this Contract, DCAMM shall release any funds withheld pursuant to clause A(1) above, and lift any suspension of CONTRACTOR’s performance under clause A(2) above.

Suspension of Payment and/or Performance for Noncompliance. A. a. If at any time during the performance of this the Contract, DCAMM determines or has reason to believe that (1i) there has been a change or reduction in any MBE/WBE Services Work which will result in CONTRACTOR the Designer failing to meet the MBE/MBE/ WBE participation goal(s) for this Contract, other than a reduction in MBE/WBE Services Work resulting from a change in the Contract work ordered by DCAMM, and (2ii) CONTRACTOR the Designer has failed to comply fully with all of the terms and conditions of paragraphs 1 through 7 6 above, DCAMM may: (1) i. suspend payment to CONTRACTOR the Designer of an amount equal to the value of the work which was to have been performed by an a MBE/WBE pursuant to CONTRACTORthe Designer’s Schedule of MBE/WBE Participation but which was not so performed, in order to ensure that sufficient Contract contract funds will be available if liquidated damages are assessed pursuant to paragraph 98, and/or (2) ii. suspend CONTRACTOR's the Designer’s performance of this Contract in whole or in part. B. b. DCAMM shall give CONTRACTOR the Designer prompt written notice of any action taken pursuant to paragraph A paragraph (a) above and shall give CONTRACTOR the Designer and any other interested party, including any MBE/WBEs, an opportunity to present evidence to DCAMM that CONTRACTOR the Designer is in compliance with the requirements of this Article, Article or that there is some justifiable reason for waiving the requirements of this Article in whole or in part. DCAMM may invite SDO and the Massachusetts Commission Against Discrimination to participate in any proceedings undertaken pursuant to this paragraph. C. c. Upon a showing that CONTRACTOR the Designer is in full compliance with the requirements of this Article, or that CONTRACTOR the Designer has met or will meet the MBE/WBE participation goals for this Contract, DCAMM shall release any funds withheld pursuant to clause A(1(i) above, and lift any suspension of CONTRACTORthe Designer’s performance under clause A(2) above(ii).

Suspension of Payment and/or Performance for Noncompliance. A. a. If at any time during the performance of this the Contract, DCAMM the Division of Capital Asset Management determines or has reason to believe that (1i) there has been a change or reduction in any MBE/WBE Services Work which will result in CONTRACTOR the Designer failing to meet the MBE/MBE/ WBE participation goal(s) for this Contract, other than a reduction in MBE/WBE Services Work resulting from a change in the Contract work ordered by DCAMMthe Division of Capital Asset Management, and (2ii) CONTRACTOR the Designer has failed to comply fully with all of the terms and conditions of paragraphs 1 through 7 6 above, DCAMM the Division of Capital Asset Management may: (1) i. suspend payment to CONTRACTOR the Designer of an amount equal to the value of the work which was to have been performed by an a MBE/WBE pursuant to CONTRACTORthe Designer’s Schedule of MBE/WBE Participation but which was not so performed, in order to ensure that sufficient Contract contract funds will be available if liquidated damages are assessed pursuant to paragraph 98, and/or (2) ii. suspend CONTRACTOR's the Designer’s performance of this Contract in whole or in part. B. DCAMM b. The Division of Capital Asset Management shall give CONTRACTOR the Designer prompt written notice of any action taken pursuant to paragraph A (a) above and shall give CONTRACTOR the Designer and any other interested party, including any MBE/WBEs, an opportunity to present evidence to DCAMM the Division of Capital Asset Management that CONTRACTOR the Designer is in compliance with the requirements of this Article, Article or that there is some justifiable reason for waiving the requirements of this Article in whole or in part. DCAMM The Division of Capital Asset Management may invite SDO and the Massachusetts Commission Against Discrimination to participate in any proceedings undertaken pursuant to this paragraph. C. c. Upon a showing that CONTRACTOR the Designer is in full compliance with the requirements of this Article, or that CONTRACTOR the Designer has met or will meet the MBE/WBE participation goals for this Contract, DCAMM the Division of Capital Asset Management shall release any funds withheld pursuant to clause A(1(i) above, and lift any suspension of CONTRACTORthe Designer’s performance under clause A(2) above(ii).

Suspension of Payment and/or Performance for Noncompliance. A. If at any time during the performance of this the Contract, DCAMM the Division of Capital Asset Management determines or has reason to believe that (1i) there has been a change or reduction in any MBE/WBE Services Work which will result in CONTRACTOR the Designer failing to meet the MBE/MBE/ WBE participation goal(s) for this Contract, other than a reduction in MBE/WBE Services Work resulting from a change in the Contract work ordered by DCAMMthe Division of Capital Asset Management, and (2ii) CONTRACTOR the Designer has failed to comply fully with all of the terms and conditions of paragraphs 1 through 7 6 above, DCAMM the Division of Capital Asset Management may: (1) : suspend payment to CONTRACTOR the Designer of an amount equal to the value of the work which was to have been performed by an a MBE/WBE pursuant to CONTRACTORthe Designer’s Schedule of MBE/WBE Participation but which was not so performed, in order to ensure that sufficient Contract contract funds will be available if liquidated damages are assessed pursuant to paragraph 98, and/or (2) and/or suspend CONTRACTOR's the Designer’s performance of this Contract in whole or in part. B. DCAMM . The Division of Capital Asset Management shall give CONTRACTOR the Designer prompt written notice of any action taken pursuant to paragraph A (a) above and shall give CONTRACTOR the Designer and any other interested party, including any MBE/WBEs, an opportunity to present evidence to DCAMM the Division of Capital Asset Management that CONTRACTOR the Designer is in compliance with the requirements of this Article, Article or that there is some justifiable reason for waiving the requirements of this Article in whole or in part. DCAMM The Division of Capital Asset Management may invite SDO and the Massachusetts Commission Against Discrimination to participate in any proceedings undertaken pursuant to this paragraph. C. . Upon a showing that CONTRACTOR the Designer is in full compliance with the requirements of this Article, or that CONTRACTOR the Designer has met or will meet the MBE/WBE participation goals for this Contract, DCAMM the Division of Capital Asset Management shall release any funds withheld pursuant to clause A(1(i) above, and lift any suspension of CONTRACTORthe Designer’s performance under clause A(2) above(ii).

Suspension of Payment and/or Performance for Noncompliance. A. If at any time during the performance of this Contract, DCAMM determines or has reason to believe that (1) there has been a change or reduction in any MBEM/WBE Services Work which will result in CONTRACTOR the CM failing to meet the MBE/M/ WBE participation goal(s) for this Contract, other than a reduction in MBEM/WBE Services Work resulting from a change in the Contract work ordered by DCAMM, and (2) CONTRACTOR the CM has failed to comply fully with all of the terms and conditions of paragraphs 1 through 7 above, DCAMM may: (1) suspend payment to CONTRACTOR the CM of an amount equal to the value of the work which was to have been performed by an MBEM/WBE pursuant to CONTRACTORthe CM’s Schedule of MBEM/WBE Participation but which was not so performed, in order to ensure that sufficient Contract funds will be available if liquidated damages are assessed pursuant to paragraph 9, and/or (2) suspend CONTRACTORthe CM's performance of this Contract in whole or in part. B. DCAMM shall give CONTRACTOR the CM prompt written notice of any action taken pursuant to paragraph A above and shall give CONTRACTOR the CM and any other interested party, including any MBEM/WBEs, an opportunity to present evidence to DCAMM that CONTRACTOR the CM is in compliance with the requirements of this Article, or that there is some justifiable reason for waiving the requirements of this Article in whole or in part. DCAMM may invite SDO Supplier Diversity Office and the Massachusetts Commission Against Discrimination to participate in any proceedings undertaken pursuant to this paragraph. C. Upon a showing that CONTRACTOR the CM is in full compliance with the requirements of this Article, or that CONTRACTOR the CM has met or will meet the MBEM/WBE participation goals for this Contract, DCAMM shall release any funds withheld pursuant to clause A(1) above, and lift any suspension of CONTRACTORthe CM’s performance under clause A(2) above.