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PO# 461001084 <br /> Routing# 18-HA4-ZG-00105 <br /> of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of <br /> this contract. <br /> Section 22. Statewide Contract Management System <br /> If the maximum amount payable to Contractor under this Contract is$100,000 or greater,either on the Effective Date <br /> or at anytime thereafter, this §22 applies. <br /> Contractor agrees to be governed, and to abide.by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, <br /> §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion <br /> of contract performance information in a statewide contract management system. <br /> Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of <br /> this Contract, State law, including CRS §24-103.5-101,and State Fiscal Rules,Policies and Guidance.Evaluation and <br /> Review of Contractor's performance shall be part of the normal contract administration process and Contractor's <br /> performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and <br /> Review shall include,but shall not be limited to quality, cost and timeliness. Collection of information relevant to the <br /> performance of Contractor's obligations under this Contract shall be determined by the specific requirements of such <br /> obligations and shall include factors tailored to match the requirements of Contractor's obligations. Such performance <br /> information shall be entered into the statewide Contract Management System at intervals established herein and a final <br /> Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be <br /> notified following each performance Evaluation and Review, and shall address or correct any identified problem in a <br /> timely manner and maintain work progress. <br /> Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet <br /> the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel <br /> and Administration(Executive Director), upon request by the Colorado Depaiturent of Transportation, and showing <br /> of good cause,may debar Contractor and prohibit Contractor from bidding on future contracts.Contractor may contest <br /> the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or <br /> correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment <br /> protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the <br /> debarment and reinstatement of Contractor,by the Executive Director,upon showing of good cause. <br /> Section 23. CORA Disclosure <br /> To the extent not prohibited by federal law, this Contract and the performance measures and standards under CRS <br /> §24-103.5-101,if any,are subject to public release through the Colorado Open Records Act, CRS §24-72-101,et seq. <br /> Section 24. Cargo Preference Act Compliance <br /> Any items transported by ocean vessel must be transported by privately owned United States-flag commercial vessels. <br /> Such vessels shall ship at least 50 percent of the gross tonnage whenever shipping any equipment, material, or <br /> commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United <br /> States-flag commercial vessels. Gross tonnage is computed separately for dry bulk carriers, dry cargo liners, and <br /> tankers. <br /> For all items transported by ocean vessel,the Contractor shall furnish a legible,English language copy of a rated`on- <br /> board' commercial ocean bill-of-lading for each shipment of cargo described in the previous paragraph. Such bill-of- <br /> lading shall be furnished within 20 days following the date of loading for shipments originating in the United States <br /> and within 30 working days following the date of loading from shipments originating outside the United States. The <br /> bill-of-lading shall be furnished to the Resident Engineer and to the following: <br /> Division of National Cargo <br /> Office of Market Development <br /> Maritime Administration <br /> Washington, DC 20590 <br /> The Contractor shall also include the language in this Section in all subcontracts issued pursuant to this contract. <br /> Document Builder Generated Page 5 of 30 <br /> Rev 12/09/2016 <br />