2015-03-26_PERMIT FILE - M2015008 (11)

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performance of Contractor's obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Contractor's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Department of Transportation, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24 -105- 102(6)), or (b) under CRS §24- 105 - 102(6), exercising the debarment protest and appeal rights provided in CRS § §24 -109 -106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause. Section 24. CORA Disclosure To the extent not prohibited by federal law, this Contract and the performance measures and standards under CRS §24 -103.5 -101, if any, are subject to public release through the Colorado Open Records Act, CRS §24 -72 -101, et seq. Section 25. TABOR Compliance The State's incremental funding of the project under this contract shall not be deemed to create any state multiple - fiscal year direct or indirect debt or other financial obligation whatsoever for purposes of section 20 (4) (b) of Article X of the State Constitution ( "Tabor "), and it shall not in any way be constructed to create a general obligation indebtedness of CDOT or of the State under any other constitutional or statutory requirement. CDOT has not pledged the full faith and credit of CDOT or of the State to provide such funding, and this contract shall not obligate CDOT or the State to pledge or to apply any general fund revenues to provide such funding in future fiscal years.