Standard Bus Procurement Guidelines - APTAStandards.com

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Standard Bus Procurement Guidelines Any party may give the other party written notice of any dispute not resolved in the normal course of business as provided in (1) above. Within 14 (fourteen) days after delivery of the dispute notice, the receiving party shall submit to the other party a written response. The dispute notice and written response shall include (a) a statement of the party's position and a summary of the arguments supporting that position, (b) any evidence supporting the party's position and (c) the name of the executive who will represent that party and of any other person(s) who will accompany the executive in negotiations. Within 28 (twenty-eight) days after delivery of the dispute notice, the executives of both parties shall meet at a mutually acceptable time and place, and thereafter as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information by one party to the other shall be honored. (a) (b) If the matter has not been resolved by these (Guideline option omitted) persons within forty-two (42) days of the dispute notice, the dispute may be referred to more senior executives of both parties who have authority to settle the dispute and who shall likewise meet to attempt to resolve the dispute. 3. Contracting Officer's or Chief Executive Officer's Decision. (a) Should the dispute not be resolved by negotiation between executives, as provided in (2) above, the Procuring Agency's executive representative from (2) above shall submit a written request for decision to the contracting officer along with all documentation and minutes from the negotiations. The Contracting Officer shall issue a written decision within 14 (fourteen) days of receipt of a request. A. For disputes involving $50,000 or less, the decision of the Contracting Officer shall be administratively final and conclusive. For disputes involving $50,000 or less, it is the intent of the parties that such administratively final and conclusive decision pursuant to either this paragraph or paragraph 4 shall only be overturned if determined by a court of competent jurisdiction to be fraudulent, arbitrary, capricious, unsupported by the evidence or so grossly erroneous as to imply bad faith. For disputes greater than $50,000, the decision of the Contracting Officer shall be administratively final and conclusive unless, within 30 (thirty) days from the date of delivery of the written decision, the Contractor appeals the decision in writing to the Procuring Agency's chief executive officer or designee who shall render a written decision within 14 (fourteen) days of delivery of such written appeal. Such decision by the chief executive officer or his/her designee shall be administratively final and conclusive. B. Within 30 (thirty) days of the issuance of any administratively final and conclusive decision under this paragraph 3, the Contractor shall notify the Procuring Agency in writing of the Contractor's agreement with the final decision. Failure to provide such written notice of agreement shall indicate an intent by the Contractor to litigate the claim.. C. Any dispute which is not resolved by the Parties through the operation of the provisions of this paragraph, or any mutually agreed upon alternative disputes resolution General Contractual Provisions 68 10/18/07
Standard Bus Procurement Guidelines process pursuant to paragraph 4 may be submitted to any court in the state of (Procuring Agency to insert its state). D. Pending final resolution of a dispute hereunder, the Contractor shall proceed diligently with the performance of its obligations under the Contract in accordance with the written directions of the Procuring Agency. 4. Alternatives Disputes Resolution. If agreed to by both parties disputes may be resolved by a mutually agreed to alternative dispute resolution process which may include structured negotiations different from (2) above, mediation or arbitration. 5. Arbitration. NOTE: If arbitration is not to be included this clause is to be deleted. The following is only an example arbitration clause that may be included, it is not intended as a recommendation but is provided for purposes of illustration. Disputes appealed to arbitration involving over $50,000 but less than $250,000 shall be decided by one (1) qualified and disinterested arbitrator, selected through the American Arbitration Association and mutually agreed to by both parties. The arbitrator shall conduct all proceedings in accordance with the rules of the American Arbitration Association, and shall consider the Contract, equity, the prevailing law and established commercial practice in rendering a decision. Disputes appealed to arbitration involving $250,000 or more shall be decided by three (3) qualified and disinterested arbitrators, selected through the American Arbitration Association. One (1) arbitrator shall be selected by each of the parties and the two selected arbitrators shall select a third arbitrator within 10 (ten) days of their selection. The arbitrators shall conduct all proceedings in accordance with the rules of the American Arbitration Association, and shall consider the Contract, equity, the prevailing law and established commercial practice in rendering a decision. (a) (b) The decision by the arbitrators shall be final and enforceable in any court having jurisdiction over the parties. 2.2.8 COMMUNICATIONS The decision of the arbitrators shall not be binding and either party shall have the right to remedies provided by law. Communications in connection with this Contract shall be in writing and shall be delivered personally; or by facsimile; or by regular, registered, or certified mail addressed to the officer(s) or employee(s) of the Procuring Agency and of the Contractor designated to receive such communications. Telephone calls may be used to expedite communications but shall not be official communication unless confirmed in writing. Communications shall be considered received at the time actually received by the addressee or designated agent. General Contractual Provisions 69 10/18/07
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Standard Bus Procurement Guidelines - APTAStandards.com

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