2017-05-17_PERMIT FILE - M2017019

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PO # 4614009E Rjuting #- 17•HA2-ZG-04098 of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. Section 22. Statewide Contract Management System if the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §22 applies. Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206. §::4-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the 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 23. 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 seg. Section 24. Cargo Preference Act Compliance Any items transported by ocean vessel must be transported by privately owned United States -flag commercial vessels. Such vessels shall ship at least 50 percent of the gross tonnage whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. Gross tonnage is computed separately for dry bulk carriers, dry cargo liners, and tankers. For all items transported by ocean vessel, the Contractor shall furnish a legible, English language copy of a rated `on- board' commercial ocean bill -of -lading for each shipment of cargo described in the previous paragraph. Such bill -of - lading shall be furnished within 20 days following the date of loading for shipments originating in the United States and within 30 working days following the date of loading from shipments ongtnating outside the United States. The bill -of -lading shall be furnished to the Resident Engineer and to the following. Division of National Cargo Office of Market Development Maritime Administration Washington, DC 20590 The Contractor shall also include the language in this Section in all subcontracts issued pursuant to this contract. Document Builder Generated Rei !2/092:' 16 36 Page 5 of 3 ]