Specifications

Generator Maintenance, Inspection and Repair Services Bid Number 6000001312
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
SPECIAL TERMS AND CONDITIONS
Page 1 of 18
GENERATOR MAINTENANCE, INSPECTION AND REPAIR SERVICES
1. Contract Disputes (Supersedes provision number 6, Disputes, of Exhibit C)
As a condition precedent to Contractor’s right to institute and pursue litigation or other
legally available dispute resolution process, if any, Contractor agrees that all disputes and/or
claims of Contractor arising under or related to the Agreement shall be resolved pursuant to
the following processes. Contractor’s failure to comply with said dispute resolution
procedures shall constitute a failure to exhaust administrative remedies.
Pending the final resolution of any such disputes and/or claims, Contractor agrees to
diligently proceed with the performance of the Agreement, including the delivering of goods
or providing of services. Contractor’s failure to diligently proceed shall constitute a material
breach of the Agreement.
The Agreement shall be interpreted, administered, and enforced according to the laws of the
State of California. The parties agree that any suit brought hereunder shall have venue in
Sacramento, California, the parties hereby waiving any claim or defense that such venue is
not convenient or proper.
a. Final Payment
The acceptance by Contractor of final payment shall release the California Department
of Corrections and Rehabilitation (CDCR) from all claims, demands and liability to
Contractor for everything done or furnished in connection with this work and from every
act and neglect of CDCR and others relating to or arising out of this work except for any
claim previously accepted and/or in process of resolution.
b. Informal Appeal
Contractor and the program or institution contract liaison, or other designated CDCR
employee of the unit for which the goods are being delivered or the service is being
performed, shall first attempt in good faith to resolve the dispute or claim by informal
discussion(s). Contractor shall identify the issues and the relief sought. Informal
discussion(s) between Contractor and contract liaison, or the designated CDCR
employee, shall be written, dated, and signed by the authors.
The program or institution contract liaison shall issue an informal written statement to
Contractor regarding the dispute within fifteen (15) calendar days following settlement or
an impasse in the informal discussion(s) process. The written statement shall either: (1)
document the dispute settlement and what, if any, conditions were reached; or, (2)
document the reason(s) the dispute could not be resolved informally and provide
notification to Contractor of its option to file a formal appeal within thirty (30) days of the
informal statement. One (1) copy of the informal statement and the discussion(s) on
which it is based shall be forwarded immediately to the Office of Business Services
(OBS) for inclusion in the Agreement file.
c. Formal Appeal
If the dispute or claim is not resolved to Contractor’s satisfaction by the informal appeal
process, Contractor may file with the Associate Director, OBS, and a formal written
appeal within thirty (30) calendar days of the date of CDCR’s informal written decision.
The formal written appeal shall be addressed as follows:
Bid 6000001312
State of California
11/14/2013 2:35 PM
p. 104